Queensland Government Reinstates Puberty Block Ban After Court Ruling

The Queensland government has reinstated its ban on puberty blockers for transgender children just hours after the Supreme Court overturned the directive. This decision has reignited tensions surrounding hormone treatments for minors in the state. The move came as Health Minister Tim Nicholls confirmed that he would issue a ministerial direction to pause these treatments, despite a recent court ruling that deemed the original ban procedurally flawed.

On October 31, 2023, the Supreme Court, led by Justice Peter Callaghan, ruled in favor of a mother challenging the government’s halt on hormone therapy for transgender youth. The mother, who cannot be named for legal reasons, expressed relief after the court’s decision. “This has been a harrowing and traumatising ordeal,” she stated through her lawyer, emphasizing the impact of the ban on her child and others affected.

The Supreme Court found that Queensland Health executives had only 22 minutes to consider the directive that halted hormone treatments. Justice Callaghan highlighted that such a significant medical decision lacked proper expert consultation. “My child’s medical treatment was ultimately decided by the government with no input from anyone with expertise in treating transgender young people,” the mother noted.

Despite the court’s ruling, Minister Nicholls announced that the ban would be reinstated immediately. He stated in parliament, “The Supreme Court was concerned with the circumstances of the making of the directive, not whether a pause… was appropriate.” He justified the reinstatement as being in the public interest, insisting that decisions regarding children’s medical care should be grounded in solid evidence.

The minister’s direction, however, will not impact those who are already undergoing treatment. Nicholls affirmed, “As parents, as communities, and as a state, we owe it to children to ensure care is grounded on solid evidence and we act with caution.”

Supporters of the mother, including Heather Corkhill, Legal Director of Equality Australia, expressed disappointment over the government’s decision to reinforce the ban. Corkhill pointed out that this could expose the government to further legal challenges. She asserted, “Denying young people access to evidence-based, safe and effective healthcare does none of those things,” referring to the government’s stated aims of promoting public health and safety.

Queensland was the first Australian state to impose restrictions on hormone treatments for children diagnosed with gender dysphoria. The original ban was enacted after claims emerged that puberty blockers had been administered to minors as young as 12 without proper oversight. Under the current restrictions, new patients under the age of 18 cannot access hormone therapies while the government awaits the final report of a review into these treatments, expected by the end of November 2023.

The unfolding situation highlights the ongoing debate about the rights of transgender youth and the role of government in medical decisions. As advocates and families navigate these complex issues, the implications of the reinstated ban continue to resonate throughout Queensland and beyond.