Dommeren har frataget moren forældremyndigheden over hendes 12-årige søn og givet den til drengens far. — Her kommer et uddrag fra artiklen om dommen – med fokus på dommerens udtalelser:
“In handing down his judgment, Justice Strum sided with the father who did not wish to “pigeonhole” his child, and decided “all options” in the child’s life should be open.
“This is a case about a child, and a relatively young one at that; not one about the cause of transgender people,” Justice Strum wrote. “As this child grows, develops and matures, and explores and _experiences life, the child might, with the related benefits of the passage of time and the acquisition of balanced understanding, come to identify as a transgender female and might elect to undergo some form of medical treatment, to affirm and/or align with that identity. But, similarly, with those benefits, the child might not do so, and for a variety of reasons.
“At this stage in the child’s life, all options should be left open, without any unacceptable risk of harm to the child.”
In his decision, Justice Strum declared gender dysphoria was not “immutable” but could be influenced by external factors, placing him at odds with the Australian Standards of Care, which back a gender-affirming treatment model.”
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Den australske journalist Bernard Lane, som interviewede mig for over et år siden, skriver bl.a. følgende om dommen:
“In his 58,000-word decision the judge delivers a series of hammer blows to the dogmas of the “gender-affirming” treatment approach.
Trans kids know who they are | Justice Strum: “I do not accept that [Devin] who, it will be recalled, was aged 10–11 years at trial, has an actual, fixed gender identity yet, as opposed to being gender fluid or gender exploratory.
“The case of the mother, supported by the evidence in chief of Dr N [the senior clinical psychologist at the CHGS who diagnosed Devin] and Associate Professor L [a paediatrician and former CHGS director] is that gender identity is internal and immutable, and not open to external influence.
“However, neither of those experts were able to point to any empirical or substantive basis for their opinion but, rather, only to anecdotal reports from transgender adults about their experience of their gender identity. Further, neither expert was able to point to any other aspects of human identity that are similarly said to be immutable.
“The proposition [of immutable gender identity] is also difficult to reconcile with the necessarily conceded incidence of detransitioning (albeit that the frequency thereof is disputed), as well as the evidence of some children’s gender incongruence-dysphoria resolving upon going through puberty.
“[W]hilst neither Dr N nor Associate Professor L contended, and it would seem not unreasonably so, that gender identity is something known by a child at birth, they could not proffer a definitive age at which it could be known or understood.
“However, they contended without explanation that the child would have had the capacity for such self-knowledge by the time of answering the initial questionnaire at the CHGS, at the age of merely six years.”
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Her kan man læse artiklen – i arkiveret udgave: https://archive.md/ouxmf#selection-635.0-639.197
Her kan den fulde dom læses: https://www.austlii.edu.au/cgi-bin/viewdoc/au/cases/cth/FedCFamC1F/2025/211.html
