Puberty blocker ban overturned in landmark court battle
Australia’s first ban on puberty blockers for young transgender patients has been overturned in a historic court battle.
Queensland Supreme Court Justice Peter Callaghan granted permission for a judicial review of the ban in his ruling on Tuesday.
Judge Callaghan found health service managers were given 22 minutes to consider a directive that would ban hormone therapy for young Queenslanders.
In October, the mother of a transgender teenager who was unable to access hormone treatment became the first to take legal action over the Queensland government’s decision, sparking protests outside court.
The unnamed mother took legal action after Queensland became the first country to ban hormone treatments for children diagnosed with gender dysphoria in January.
The LGBTI Legal Service requested a judicial review from the Supreme Court of Queensland to determine whether the decision was lawful.
The review was based on whether the Queensland health service had made an independent decision, with appropriate public consultation, to discontinue puberty blockers.
“The only way the Queensland Health CEO allegedly complied with this requirement was through a video conference lasting approximately 22 minutes,” Judge Callaghan said.
The decision did not determine whether puberty blockers were right.
Queensland’s Liberal National government made the call amid allegations puberty blockers were given to children as young as 12 without competent care.
New patients under the age of 18 in the state can no longer access hormone treatments as the government awaits the outcome of a review into the treatment.
The mother’s lawyers argued Queensland Health chief executive David Rosengren had improperly used his power to suspend treatments.
They claim the decision was not based on medical evidence but was made at the behest of the conservative LNP government.
Lawyer Mark Steele argued that the LNP government had clear and direct involvement in the decision.
Queensland Health has previously maintained that the debate over banning puberty blockers began in December, weeks before the decision was made public, and was based on advice from Dr Rosengren.
The matter was adjourned on Tuesday for presentations on costs and final wording of orders to be made later in the day.
