Advancing Australia 005: An update on Trans Gender Law

In the United States the Alabama State Senate passed the Vulnerable Child Compassion and Protection Act, prohibits gender change therapy for minors, prohibits withholding of certain related information from parents, a law to make the surgical or chemical mutilation of children a felony. This Bill and another that has passed the Alabama State Legislature will, when passed, make the surgical or chemical mutilation of children punishable by up to 10 years in prison or a $15,000 fine.

This is a refreshing development in the ongoing war against the mutilation and sexualisation of Children by the Left and their queernormative activist allies. We will examine the Alabama law and look at how it can be strengthened and introduced here in Australia at a Federal.

My fellow Australian’s, I’m John Andrews and welcome to another episode of Advancing Australia.

This video is a bit of a white pill and follows up my video on Transgender and Queer Affirming Laws in Australia, which was a review of Federal Court Rulings with respect to “Trans” Children, and of State laws criminalising heterosexuality in respect to families and children in crisis.

We will also look at an innovative law in Mississippi that separate biological sex from gender expression to protect female sports.

The Bill in Alabama was championed by the Eagle Forum of Alabama, a conservative political action group.

https://alabamaeagle.org/our-values/

On their website they host videos of many of the public testimonies heard by the legislature at the public hearings during the investigation into this piece of legislation,

Public Hearings on the Law: https://alabamaeagle.org/vcap/

including the testimony of an endocrinologist that simply destroys the so-called medical arguments for the current therapies that are being used to treat a mental disorder, it’s very short and I’ve linked it at the top and you should check that out.

[Testimony of Endocrinologist: https://www.youtube.com/watch?v=R1nQ4rc93Fs]

[ https://www.alreporter.com/2020/03/09/senate-passes-bill-banning-treatments-surgeries-for-transgender-youth/ ]

In September 2020, when the legislation was introduced, Eagle Forum Executive Director Becky Gerritson said “This legislation is necessary for many reasons. One is that the long-term effects of puberty blockers and cross sex hormones have not been studied. Another vital statistic is that after the sex reassignment surgery, transgender identified people are nearly 20 times more likely to die by suicide than the general public.”

What does the law do:

[https://www.cbsnews.com/news/alabama-senate-bans-hormone-therapy-surgery-felony-transgender-youth/ ]

The two bills make it a felony for medical professionals to treat transgender minors under the age of 19 with either Stage 1 or Stage 2 treatments, which you will remember Stage 1 being puberty blockers and Stage 2 is cross sex hormones. Violators would face up to 10 years in prison or a $15,000 fine. Briefly, the age of majority in Alabama is 19 years old, so someone under that age is a minor.

The law makes these offences Class C felonies and under Alabama code

https://codes.findlaw.com/al/title-13a-criminal-code/al-code-sect-13a-5-6.html

“sentences for felonies shall be for a definite term of imprisonment, which imprisonment includes hard labor, within the following limitations: For a Class C felony, not more than 10 years or less than 1 year and 1 day”.

This is effectively a mandatory prison sentence.

In addition to banning Stage 1 and Stage 2 treatments the law also makes it illegal to:

“Withhold from a minor's parent or legal guardian information related to a minor's perception that his or her gender or sex is inconsistent with his or her sex”.

[http://alisondb.legislature.state.al.us/alison/searchableinstruments/2021RS/bills/HB1.htm]

This is a very simple bill, it is only 1400 words and importantly contains these words:

“Studies have shown that a substantial majority of pre-pubescent children who claim a gender identity different from their biological sex will ultimately identify with their biological sex by young adulthood or sooner when supported through their natural puberty. There is no psychological or medical test that can differentiate between the majority of children who will desist from their gender incongruence and the minority who will not. Research shows that the administration of puberty blocking medications or cross-sex hormones forecloses the possibility of a natural recovery from this condition”.

Importantly the law “does not apply to a procedure undertaken to treat a minor born with a medically verifiable disorder of sex development”. This covers a range of medical and genetic abnormalities, that are well documented, and are often the sort of examples that radical activists give when talking about these issues as reasons for allowing the chemical and physical mutilation of otherwise healthy children.

The Alabama law is a great template, but it could have gone further, as a Victorian Law affirming Queernormativity does. The law could criminalise the movement of children, or exposing children to teleconferencing or e-consultations across state lines, or the movement or shipping of drugs across State lines in order to receive these radical and damaging treatments.

 

 How could we pass such a law in Australia?

 

2021 Australian of the Year Grace Tame gave an addresses the National Press Club on 3 March which was reported in the Guardian under the headline 'Share your truth, it is your power'.

https://www.theguardian.com/commentisfree/2021/mar/04/share-your-truth-it-is-your-power-grace-tames-address-to-the-national-press-club

Grace was raped whilst she was in year 10 by a 58 year old teacher that was later found with 28 multimedia files of child pornography on his computer. He received two years and 10 months gaol for this crime, which to me is woefully inadequate, I am in the castrated or killed camp when it comes to child sexual abuse and to me the chemical or physical mutilation of children is morally equivalent.

The reason I raise this speech and Grace’s story is because in her speech she said this:

“In Australia, we have eight state and territory jurisdictions and eight different definitions of consent. We need to agree on something as absolute as what consent is. We need a uniform, state and federal, national standard and definition of consent. Only then can we effectively teach this fundamentally important principle consistently around Australia.”

So let’s have a conversation around consent. In my previous video on Trans Law I mentioned the concept of consent and Gillick Competence, that in Australian Law, inherited from Britain, that whether a child is competent will generally depend on whether they are able to demonstrate that they understand the content of the treatment, its side-effects, its negative risks, and the physical changes that it will cause.

https://www.judiciary.uk/wp-content/uploads/2020/12/Bell-v-Tavistock-Judgment.pdf

Further, the Tavistock Inquiry in Britain found that children were unable to give consent as they were unable to achieve Gillick Competence: par 139 of the Tavistock judgement said:

“It will obviously be difficult for a child under 16 to understand and weigh up such information. Although a child may understand the concept of the loss of fertility for example, this is not the same as understanding how this will affect their adult life”.

A British court has found that children cannot be competent to understand and weigh up profound changes made by these chemical and surgical interventions and right now the Young Australian of the Year has opened a national debate about consent and sexual consent so there is an opportunity to combine these issues in very simple Federal Legislation.

Trans Athletes

Finally we have to briefly look at a law in Mississippi that bans transgender athletes competing in women’s sports. Again we revisit our friends at Pink News with the headline:

Mississippi passes ‘dangerous’ bill banning trans athletes from school sports – ‘defying evidence to discriminate’

https://www.pinknews.co.uk/2021/03/04/mississippi-trans-bill-school-sports-house/

“The discriminatory bill marks the first piece of specifically anti-trans legislation to be added to the books in 2021. Unfortunately, it’s unlikely to be the last”.

Also according to Pink News:

“SB 2536 is just one of a raft of anti-trans bills launched in at least 20 states”.

https://legiscan.com/MS/text/SB2536/id/2246846

"MISSISSIPPI FAIRNESS ACT" aims to “DESIGNATE ITS ATHLETIC TEAMS OR SPORTS ACCORDING TO BIOLOGICAL SEX; TO PROVIDE PROTECTION FOR ANY SCHOOL OR INSTITUTION OF HIGHER EDUCATION THAT MAINTAINS SEPARATE ATHLETIC TEAMS OR SPORT FOR STUDENTS OF THE FEMALE SEX”.

This seems perfectly sensible to me and actually aligns with trans ideology. That ideology holds that biological sex and gender expression are not linked, and this law has decoupled biological sex and gender expression such that competitive sports have been re-classified, divided between biological sexes, and not between genders.

The Mississippi law delivers on the promise of separating gender expression and biological sex so I don’t see why trans activists are so upset, it’s based on their own gender theory.

No one is stopping trans-gender athletes from building their own sports divisions!

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