Premier Danielle Smith has with great fanfare introduced what she claims is forward-thinking policy on transgender health and education. In her words, she wants to preserve, “the rights of kids to make decisions as adults.” But what is really going on here?
The first straw man falls apart when you examine the World Professional Association for Transgender Heath’s Standards of Care for the Health of Transgender and Gender Diverse People. It notes that gender reassignment surgery will not be provided to people under the age of majority. Sound familiar?
It appears that by doing nothing, standards are already in place that not only encourage the involvement of parents, but also ensure that genital surgery only occurs after great consideration and past the age of 18. No legislation is required.
So, once the policy is knocked down as nothing new, then what stands in its place?
Is it parental versus child rights? This is another straw man argument. Parents already have the right to control the major decisions in their children’s lives. It is only when minors demonstrate their maturity and start to make their own decisions does this start to change. It is a change toward independence and decision-making all of us go through, and is protected by the Canadian Charter of Rights and Freedoms.
Paradoxically, rather than protecting choice and children, the state mandating various terms around decision-making takes away the freedom of expression and choice from both the parent and child. Meanwhile, it places the most vulnerable children with controlling or abusive parents in a position whereby the potential of abuse may increase.
Now add the prohibition of sex education, of any sort, unless a parent opts in a child. Also add that if a child does come out, schools will be obliged to inform the parents. The result in schools will be to suppress sex education.
Coming out is terrifying for children and adolescents at the best of times, even with the very best and nurturing parents. When expression is further restricted by the state, discouraged in schools and the fear of teacher tattling is added in, the result for a sexually diverse child or adolescent will be to keep it to themselves. We know that in these circumstances, suicide is more likely. The consequences for the most vulnerable are predictably dire.
The best way to protect parental and children’s expressive rights is not through state mandates, but rather for the state to get out of their way. Having no law or state interference related to transgender health and similar matters allows both children and parents to freely navigate their life path and their relationships. A freer society is when a state does nothing, not when the state makes decisions for people.
But this is not what this proposed policy is about. It is more about supporting the conservative tribe that is desperately wanting to exert its power and suppress people’s views unlike their own.
Kelly Ernst, Ph.D., is president of the End of the Rainbow Foundation. He was previously chair of the Public Consultation of Gay-Straight Alliances in Alberta Schools.
