Puberty blocker battle sparks landmark legal challenge

The first Australian state to deny puberty blockers for young transgender patients stands accused of stoking “Trump-style hate” after becoming embroiled in a landmark court battle.

The mother of a trans teenager unable to access hormone therapy on Wednesday became the first to launch legal action over the Queensland government’s decision, sparking protests outside court.

Dozens gathered to chant “trans power” ahead of the legal challenge at Brisbane’s Supreme Court amid claims the government’s stance may cost lives.

“This government is just appealing to a small minority of far-right people who want to bring Trump-style hate and division to Australia, and we’re here to say no,” Trans Justice Project’s Jodie Hall said.

The mother, who cannot be named, launched legal action after Queensland became the first to ban hormone treatments for children diagnosed with gender dysphoria in January.

Queensland’s Liberal National government made the call amid claims puberty blockers had been given to children as young as 12 without authorised care.

Hormone therapies are no longer accessible to the state’s new patients aged under 18 as the government awaits the result of a review into the treatment.

Lawyers for the mother argued Queensland Health’s director-general David Rosengren improperly exercised his power in suspending the treatments.

They claim the decision was not based on medical evidence, but at the behest of the conservative LNP government.

The LGBTI Legal Service sought a judicial review by the Queensland Supreme Court to determine if the decision was lawful.

Barrister Mark Steele argued there had been clear and direct interference in the decision by the LNP government.

He mapped the decision’s timing, accusing Health Minister Tim Nicholls of political overreach by announcing the ban before any official department decision.

“We say, beyond drawing the inference, that the respondent here acted at the direction of the minister,” Mr Steele told the court.

“The necessary consultation that was required of the health services did not occur in this case ... because the minister had in fact already made the announcement.”

The legal review will not challenge the merit of the ban, but whether the directive was made independently, lawfully and in public consultation.

Queensland Health argued discussion to ban puberty blockers began in December, weeks before the decision was made public, and was based on Dr Rosengren’s advice.

“The director-general here gave a direction, but it was a decision-making process in which there was both political participation and executive participation,” barrister representing the government Jonathan Horton said.

Equality Australia said politicians had no place interfering in people’s private medical decisions.

“After what we’ve heard in court today, it appears this decision was a forgone conclusion,” Heather Corkhill told AAP.

“That care was paused in the absence of any clinical evidence, consideration of the number of children affected, whether any alternative services would be available or the potentially devastating psychological affects for young people.

“In the rush, they don’t seem to have followed their own consultation requirements.”

Protesters outside court demanded the government decision be reversed.

“This government is playing with children’s lives, and there is a very real risk of harm and even death amongst these kids, and that is just not acceptable,” Piper Valkyrie said.

Trans Justice Project said all children deserved a healthcare system that allowed them to grow up with the freedom to be themselves, accusing the LNP government of “catastrophically” overreaching.

“This ban must be ended and health care for young people reinstated,” Jodie Hall said.

The health minister on Wednesday said genuine concerns surrounding puberty blockers had been raised around the world.

“It’s entirely appropriate that we have this pause while we get the review to make sure that the clinical pathways that are recommended are appropriate and do no harm,” Mr Nicholls said.

A judgment is expected to be handed down next week.

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