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This post on Evolving Legal and Scientific Debate on Gender in the US and UK has been created based on article “In US, UK, the gender battleground” published in The Hindu on 29th January 2025.
UPSC Syllabus topic: GS Paper 2- Polity
Context: The article discusses the evolving legal and policy debates surrounding gender identity and medical interventions for transgender children in the US and the UK. It highlights recent developments in both countries, focusing on the intersection of science, rights, and legal interpretation.
What recent policy change has the US government made regarding gender?
- On January 20, 2025, President Trump signed an executive order stating that the US government officially recognizes only two sexes, which are “not changeable.”
- The implications of this order remain unclear, but it underscores the intensifying legal debates around gender identity in the US, UK, and other Western democracies.
What are the current legal restrictions on gender-affirming treatments in the US?
- Around half of US states have passed laws prohibiting sex-transition procedures for children.
- Tennessee’s 2023 law bans three specific treatments for minors:
- Puberty blockers
- Cross-sex hormones
- Sex-transition surgeries
- The Biden administration and transgender families challenged this law, claiming it violated the US Constitution’s guarantee of equal protection.
- The Sixth Circuit Court of Appeals upheld the law, ruling that it applies equally to all children, regardless of their gender identity.
- The case was heard by the US Supreme Court in December 2024, with a ruling expected in summer 2025.
How has the UK’s approach to gender-affirming treatments changed?
- Until early 2024, children with gender dysphoria in the UK were commonly prescribed puberty blockers and cross-sex hormones.
- In April 2024, an independent review found insufficient evidence to prove that puberty blockers were safe or effective.
- Following this review, the UK government banned puberty blockers for minors until at least 2027, when the next review is scheduled.
- Cross-sex hormones remain legal but are now subject to stricter regulations.
How have UK courts handled disputes over gender-affirming treatment for minors?
- A legal case involved a child born female who identified as male from the age of 12.
- His parents, who were separated, disagreed on medical intervention:
- The father supported gender-affirming treatment.
- The mother opposed it and sought court intervention.
- By the time the case reached the English Court of Appeal in late 2024, the child was 16 and legally able to consent to treatment under English law.
- However, the court upheld the mother’s request to keep the case open, citing the rapidly changing regulatory landscape.
- This decision means that if the child opts for cross-sex hormones before turning 18, the court retains the right to veto the decision.
What are the key legal and ethical issues arising from these cases?
1) Are laws prohibiting gender-affirming medical treatments discriminatory?
- Critics argue that laws like Tennessee’s discriminate against transgender individuals.
- Supporters argue that such laws are based on scientific evidence and aim to restrict treatments that lack sufficient research support.
2) How involved should courts be in assessing the scientific basis of these laws?
- In the US Supreme Court case, a key issue was whether Tennessee’s law should face strict judicial scrutiny.
- The Court appeared to lean toward accepting the law’s validity.
- The English Court similarly stated that medical policy decisions should be left to the medical profession, not judges.
3) How interventionist should courts be when a child consents to treatment?
- In the UK case, the court ruled that it would intervene only to prevent “grave and irreversible mental or physical harm.”
- However, courts in other jurisdictions may take a different stance.
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