New Zealand’s High Court has temporarily blocked the government’s plans to introduce a ban on young people experiencing gender dysphoria being treated with puberty blocker medication.
The ruling was made after the Professional Association for Transgender Health Aotearoa (PATHA) filed for a judicial review, arguing that the new regulations were unlawful.
The ban was set to take effect from Friday.
In November Health Minister Simeon Brown said the ban was the result of a cabinet decision to “introduce new safeguards on the prescribing of gonadotropin-releasing hormone analogues, while ensuring patients with medical needs can continue to access appropriate care.”
However the announcement of the ban was first made by coalition partner New Zealand First who have campaigned against transgender recognition.
“The era of woke madness is ending. The days of politicians hiding behind slogans while children are used as social experiments are done.” said Casey Collins who serves as the Customs Minister.
New Zealand First said “No one is born in the wrong body” and described doctors treating trans youth as “so-called experts”.
Court says there is a reasonable argument that the new regulations are unlawful
The court ruled that the government’s edict might be unlawful and also questioned if there was an urgent need for the ban to be introduced.
“There is also no evidence of a particular need to act urgently to prevent new prescriptions because of some immediate risk to physical health if young people commence treatment.” Justice Wilkinson-Smith wrote.
The court stated that the evidence showed that puberty blockers were reversible and there was no evidence that their use affected young people’s fertility, noting that the government’s plan would still allow their use in the treatment of other conditions.
“The evidence relating to mental health outcomes suggests negative outcomes from a ban are a far more immediate concern.” the judge said.
The ruling means the government’s ban cannot take affect, and a full judicial review should be undertaken as soon as possible.
PATHA says the injunction is a win for young people
“This is a win for trans young people, their whānau, and the health professionals who care for them,” said Jennifer Shields, PATHA President. “The High Court has recognised the harm this ban will cause, and the significant issues in the decision Cabinet made to restrict access to this life-saving care.”
“We now know that the vast majority of public submissions and all affected groups consulted by the Ministry of Health supported continued access to this care. The Ministry of Health’s Regulatory Impact Statement recommended the status quo as the option that would do the least harm, with a ban having a high risk of adverse health outcomes due to the negative impact on the mental health of trans young people affected by this ban,” Shields said.
“The court also found that the timing of these regulations – with no notice that a ban on prescriptions was on the table, let alone imminent – took PATHA, the trans community, and healthcare professionals by surprise. Justice Wilkinson-Smith also noted that this ban would have gone further than even the UK, with ‘scant’ evidence justifying the need for a total ban.”
