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Humanize From Discovery Institute's Center on Human Exceptionalism
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Unleash the Trial Lawyers to End Mutilation of Gender-Dysphoric Children

Guest
Wesley J. Smith
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The Biden administration, many state governments, and the medical establishment are all pushing “gender-affirming care” as the only humane means of treating children who believe they are not the sex they were born. This so-called care includes radical interventions such as puberty blocking, mastectomies, facial surgeries, and even genital removal for teenagers. One recent study found that the median age for mastectomies in such cases is 16–meaning that half of the girls whose breasts were cut off were under that age, and indeed, some were as young as twelve.

How do you stop such a destructive juggernaut? Lawyers! It seems to me that eventually suing doctors and others who pushed or cooperated with such drastic actions will become the equivalent for lawyers of the “Camp Lejeune” lawsuits currently proliferating and being advertised ubiquitously on television.

This hoped-for remedial has already started in England, where a class-action lawsuit will soon be filed against a now closed youth gender clinic. And now, Americans who were subjected to such interventions while under age — and later “de-transitioned” to the sex they were born — may be thinking about suing.

One such case looks about to be brought by “Chloe,” who had a mastectomy while under age. From the “Notice of Intent to Sue” letter sent to doctors by her attorneys:

Chloe is a biological female who suffered from a perceived psychological issue “gender dysphoria” beginning at 9 years of age. Under Defendants’ advice and supervision, between 13-17 years old Chloe underwent harmful transgender treatment, specifically, puberty blockers, offlabel cross-sex hormone treatment, and a double mastectomy. This radical, off-label, and inadequately studied course of chemical and surgical “treatment” for Chloe’s mental condition amounted to medical experimentation on Chloe.

As occurs in most gender dysphoria cases, Chloe’s psychological condition resolved on its own when she was close to reaching adulthood, and she no longer desires to identify as a male. Unfortunately, as a result of the so-called transgender “treatment” that Defendants performed on Chloe, she now has deep emotional wounds, severe regrets, and distrust for the medical system. Chloe has suffered physically, socially, neurologically, and psychologically. Among other harms, she has suffered mutilation to her body and lost social development with her peers at milestones that can never be reversed or regained.

Defendants coerced Chloe and her parents to undergo what amounted to a medical experiment by propagating two lies. First, Defendants falsely informed Chloe and her parents that Chloe’s gender dysphoria would not resolve unless Chloe socially and medical transitioned to appear more like a male. Second, Defendants also falsely informed Chloe and her parents that Chloe was at a high risk for suicide, unless she socially and medically transitioned to appear more like a male. Chloe has been informed by her parents that Defendants even gave them the ultimatum: “would you rather have a dead daughter or a live son?”

Whether that is true remains to be proven, but if credible evidence of such behavior is brought before a jury, it could eventually lead to Alex Jones–level damages being imposed against the entire gender-affirming medical/industrial complex.

Yes, I know most trial lawyers are liberal and many will be reluctant to face accusations by their fellow travelers of “transphobia.” But in my experience — as a once-practicing trial attorney and one who has written often about such practitioners — when the smell of money is in the water, ideology is generally not the first priority.

Time will tell. But in the meantime, go Chloe! And please, do not accept a confidential settlement. If you strike paydirt, the country needs to know, because that will deter further such “medical” interventions.