A fierce legal battle has ensued in Queensland. David Rosengren, the director-general of Queensland Health, is being taken to task by the mother of a transgendered teen. The lawsuit is focused on a contentious ban passed earlier this year. This prohibition prevents public physicians from prescribing puberty blockers and hormone therapies to patients under 18, but only if they have been clinically diagnosed with gender dysphoria. The directive has faced overwhelming criticism and created a public uproar, especially from advocates for transgender rights.
Queensland’s highest court, the Supreme Court in Brisbane, is now hearing a case. Piper Valkyrie has filed the suit, as her daughter is affected by the ban. Valkyrie argues that Rosengren’s directive is an ultra vires action under the Hospital and Health Board Act. Those legal proceedings come on the heels of an extremely perfunctory public consultation process that stakeholders like barrister Mark Steele have called a sham. Steele argued that the consultation was merely an “fait accompli,” stating, “That can’t be genuine consultation if it’s just a fait accompli.”
Background on the Directive
On January 28, PC media conference where they announced ban on puberty blockers and hormone treatments. This was fortunate timing, as the day before this event, Rosengren had called the state’s hospital and health service chief executives to a meeting. With this meeting only lasting 22 minutes, many advocacy groups were worried about the depth and sincerity of this consultation process.
Jonathan Horton, who now represents Rosengren, said they learned about the puberty blocker freeze during that short meeting. That was a shocking disclosure for him to hear. The failure to get adequate consultation has been a centerpiece in the legal arguments that have been brought before the court. Heather Corkhill, another advocate, expressed her concerns about the rushed nature of the decision-making process, stating, “In the rush, they don’t seem to have followed their own consultation requirements.”
Public Response and Advocacy
The surprise announcement of the ban has drawn widespread public outcry. Protesters flooded the Supreme Court lawn with dozens of transgender supporters calling ahead of the hearing. Their presence underscored the emotional and social ramifications of the planned forthcoming directive. Piper Valkyrie, speaking on behalf of those affected, emphasized the dire consequences of the ban: “It strips parents of their rights, denies young people safe and proven care, and makes Queensland the only state in the country where this support is being actively taken away.”
The reauthorization advocacy community resoundingly supports this perspective. They make the compelling case that without access to puberty blockers, transgender youth risk facing very serious mental health consequences. Reasons many advocates see these treatments as key to improving outcomes for kids struggling with gender dysphoria.
The Court’s Decision
As the case moves further through the Supreme Court, David Rosengren has held back his glee regarding the case. Whatever the outcome, he has promised to produce a decision by the end of next week. He committed to “strain every nerve” to ensure he delivers it on time. The result of this case is set to have far-reaching impacts for transgender healthcare access across Queensland.
The LGBTI Legal Service has indeed lodged an application for a judicial review. Supporters are calling on Valkyrie to reverse Rosengren’s order. This case raises significant legal and procedural questions regarding the ever-growing issue of healthcare access. It prompts national conversations about transgender rights and parental control.
