The US Supreme Court has heard arguments in the case of U.S. v Skrmetti, which challenges a Tennessee law outlawing transgender-affirming medical procedures.

Observers expect the Court to uphold the Tennessee law, which would bring the approach of the authorities in Australia into even sharper contrast.

The state’s law is being challenged as unconstitutional by the US Government, as well as by parents of transgender-identifying children who want to provide medical interventions for their children.

Throughout the arguments, lawyers for the parents made a surprising admission under questioning from Justice Samuel Alito.

Alito questioned the argument that transgender-identifying youth have “striking” rates of suicide and that “gender-affirming” medical intervention reduces these rates. Justice Alito pointed to the landmark Cass Review which found that there is no such reduction.

Chase Strangio, the American Civil Liberties Union attorney representing the parents, told the court:

“What I think that is referring to is there is no evidence in some—in the studies that this treatment reduces completed suicide. And the reason for that is completed suicide, thankfully and admittedly, is rare and we’re talking about a very small population of individuals with studies that don’t necessarily have completed suicides within them.

This admission is supported by the Cass Review in the UK, which recently found no evidence suggesting that gender-affirmative treatments reduce suicide.

The admission highlights the lack of evidence supporting ‘gender-affirming treatment’ in children. Despite a persistent narrative that suicide is higher in this group, no substantive evidence bears this out.

Instead, activists lean on higher rates ‘suicidality’ – meaning suicidal thoughts but not suicide itself – and other measures such as depression or anxiety as a way to push a positive narrative about ‘gender-affirming care’ onto the public. 

The Queensland government has persistently promoted this narrative, hinting there may be a risk of harm for not providing gender affirming treatment.

“For some young people, [gender dysphoria] can lead to problems with school performance/attendance, confidence and self-esteem, depression, anxiety, social isolation, self-harm and suicidal thoughts. Many young people’s experiences of bullying, family rejection, homelessness, harassment, discrimination or verbal and physical violence contribute to gender dysphoria.

…the research in this area demonstrates a significant risk of harm in not providing treatment.”

HRLA client, Dr Jillian Spencer, a senior child psychiatrist who courageously spoke out against automatic ‘gender-affirming’ treatment for children, is challenging the Queensland government on their position, asking them to follow the evidence revealed in the Cass Review.

The UK is one of a number of countries acknowledging the lack of evidence supporting “gender-affirming care”, and this year banned the use of puberty blockers for minors.

With increasing evidence and a growing number of jurisdictions moving against these harmful medical interventions, Australian authorities need to change their approach to treating children with gender confusion.

That’s why it’s so important to protect the fundamental rights of medical experts like Dr Spencer to speak the truth in accordance with their professional opinion.