LGBTI Legal Service considering ‘all legal options’ after Tim Nicholls reinstates puberty blocker ban
After Health Minister Tim Nicholls used extraordinary powers to reissue a ban struck down in the courts, the legal service which won the case is weighing up its options.
Hundreds of people are rallying outside Brisbane City Hall in protest of Health Minister Tim Nicholls’ directive on Tuesday to block gender affirming care for children and adolescents.
The directive from Health Minister Tim Nicholls to reinstate a ban on puberty blockers, which could face a court challenge as opponents weigh up their legal options, triggered the protest on Wednesday evening.
The LGBTI Legal Service brought the successful Supreme Court case against Queensland Health deputy director Dr David Rosengren on behalf of a trans child, ruling the January 28 directive unlawful, but celebrations on Tuesday afternoon were short-lived.
Justice Peter Callaghan killed the ban around midday, but by 6pm Mr Nicholls reissued a new directive using his own extraordinary powers.
Mr Nicholls, in a statement shortly after the court ruling, said the government’s position on puberty blockers remained unchanged and that “we owe it to children to ensure care is grounded on solid evidence and we act with caution”.
Mr Nicholls used a media conference on Wednesday to once again defend the move as in the public interest.
Speaking at the official opening of a state-of-the-art operations centre for the Queensland Ambulance Service at Coomera on the Gold Coast, Mr Nicholls denied the state government was starting a culture war.
“We have been very, very clear and very, very respectful of the positions of people, on both sides of what is a heavily contested area,” he said.
“This is an area where people hold strong views, understandably so.
“What we have sought to do, and what I have sought to do as the Health Minister is to ensure that we have a review that gives us an indication of the strength, or otherwise of the evidence base for the efficacy and use of puberty blockers.
“Now, around the world, we have seen very, very rapid changes in respect to gender therapy and affirmation therapy.
“I think it’s important that when we look at the court decision, that court decision is around the procedure, rather than around the merits of the ban itself.”
He also defended his call that a renewed ban was “in the public interest”.
“Until such time as there was an established evidence base for it, and we were established a review to conduct that piece of work, the government was of the view that it was in the public interests and in the safety of children, who were predominantly, who are affected by those unauthorised practises and cairns, that we put a pause in place until that review was completed,” he said.
“There are a number of matters where the efficacy and the utility of the prescription of puberty blockers has been called into question, so the government is concerned to make sure that the services that are provided are in the best interests of children, and we believe that that is a very strong public interest.
“This is obviously an area where the science and the medicine is rapidly evolving, where there are significant uncertainties.”
He said he expected to receive a complete report on the matter “by the end of November”.
“The report will be received by government (and we) will consider the advice and the findings of that report, and once we have that, we’ll be making an announcement,” he said.
CITY HALL PROTEST AFTER MINISTER’S DIRECTIVE
Hundreds of people rallied outside Brisbane City Hall in protest of Health Minister Tim Nicholls’ directive to block gender affirming care for children and adolescents.
Chants of “Trans justice now” can be heard throughout King George Square.
Rally organiser Jodie Hall described the group in attendance at the rally as a “powerful” collective.
“Hear all those trans voices. This is who Tim Nicholls has picked a fight with. He has underestimated us if he thinks he is going to win,” they said.
They accused the government of using transgender children as “political fodder”.
“We held our government to account. If they want to ban gender affirming care they need to do so in accordance with the law,” one of the speakers said.
“How is it necessary to take away care from vulnerable young people?”
Mr Nicholls was booed, as protesters held signs reading “Trans youth deserve to thrive” as the crowd erupted into chants of “When trans rights are under attack, what do we do? Stand up, fight back.”
One speaker, dressed as a clown, drew laughter from the crowd as they labelled Mr Nicholls “the biggest clown”.
Another speaker posed a question directly toward the minister in relation to teen suicides
“How many dead kids is too many Tim Nicholls?”
“Hands off our healthcare, hands off our kids healthcare,” they said.
The group vowed to continue fighting back against the government until the decision is reversed.
Speaking about the Brisbane Supreme Court decision on Tuesday, they said the family at the centre of the legal battle would have “lost their home” had they lost the court case.
PREMIER REFUSES TO REVEAL LEVEL OF CONSULTATION BEFORE BAN
Premier David Crisafulli refused to reveal what consultation occurred in the hours before Mr Nicholls made the directive to reissue the statewide ban.
“You can ask the Minister, but I can reflect on this, have a look at the way he’s conducted himself throughout this incredibly difficult allegation to be raised with the government,” he said.
He would not say whether he advised Mr Nicholls to make the directive, but said he spoke with him in the hours after the judgement was handed down.
Mr Crisafulli said allegations that children at Cairns Sexual Health Clinic had been given puberty blockers and cross-sex hormones without the required specialists’ input and parent permission, was the basis of the government’s evidence that the ban was in the public interest.
Asked why the government didn’t issue a ban to the one centre instead, Mr Crisafulli said the government had to act.
“I can’t agree if a system allows what occurred, to occur, you can’t in good faith, not act,” he said.
The pause will remain in effect until the government acts on recommendations from an independent review, which Mr Crisafulli said they would act expediently on.
But, he would not commit to acting on the recommendations within three months.
“I understand how deeply, deeply saddened that they (the trans community) might be by this, but we took a decision not because of any political reasons, but because of medical reasons,” he said.
‘OUR KIDS ARE NOT POLITICAL FOOTBALLS’
LGBTI Legal Service president Ren Shike said despite the new directive, the court decision was a “significant win for the rule of law”.
“It demonstrated that the government cannot make decisions about healthcare without due process.
“The LGBTI Legal Service will continue to explore all legal options to support trans and gender diverse young people to access the life-affirming care they need.
“In the words of our client, ‘our kids are not political footballs’.”
The child’s mother said it was “demoralising” to share the bad news after how quickly the government moved to reinstate the ban.
She had called other parents of trans kids following the ruling, sharing excitement before being “crushed”.
“It just shows how political the decision is,” she said.
“It was clear from court last week not a single person who prepared the secret cabinet decision, or health services directive had any expertise.
“If you’re a parent, you should care about whether the government can step in and make political decisions about your kids’ care.”
Following the Minister reissuing the ban, Sunshine Coast resident Eris Watson recounted the distressing year where she watched her body undergo unwanted changes and waited months between appointments for medical treatment at the Royal Brisbane and Women’s Hospital’s Gender Service.
The Trans Justice Project, which held protests outside court on the hearing day and the day of the decision, is holding a snap rally at 6pm at King George Square.
Organiser Jodie Hall said gender-affirming care is “life changing, and often life saving” healthcare for trans young people.
Speaking after the court win and before the new directive was issued, Equality Australia legal director Heather Corkhill said the government chose politics over facts and proper process.
“Queensland is the only state which has taken away care from trans young people, and it flies in the face of all medical expert evidence.
“How can politicians who have never met these young people and their families possibly know better than the loving parents and doctors who treated them for years before this with passion and expertise.”
Taxpayers will have to foot the legal bill for both parties after the government lost its case.
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Originally published as LGBTI Legal Service considering ‘all legal options’ after Tim Nicholls reinstates puberty blocker ban
