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Pleasantville: How the “Myth of Binary” Harms Our (Trans) Children

March 28, 2022
  • 00:05OK, my friends welcome.
  • 00:07Welcome to the Yale Pediatric Ethics
  • 00:10Program Evening Ethics seminar series.
  • 00:13And tonight we have an old friend of mine,
  • 00:17Doctor Micah Hester.
  • 00:20Mica mica is the chair and professor
  • 00:22of medical, humanities, and bioethics,
  • 00:24and he's also professor of Pediatrics at the
  • 00:27University of Arkansas for Medical Sciences,
  • 00:30and he's a clinical ethicist there
  • 00:32and at Arkansas Children's Hospital.
  • 00:35When asked Micah to send me a bio,
  • 00:38he sends me a thing.
  • 00:38He said that and then he
  • 00:40says here's Michael story.
  • 00:41He writes stuff,
  • 00:42teaches students and has known to
  • 00:44sing to Spotify in his car.
  • 00:46Otherwise, it isn't entirely clear what
  • 00:48qualifies him to give a talk for an
  • 00:50audience associated with Yale University,
  • 00:52so that's Mike's biography.
  • 00:54OK, so this of course,
  • 00:55let's me tell you why Michael
  • 00:57has to his qualified,
  • 00:58even though he doesn't believe it,
  • 01:00I'm so I would tell you that
  • 01:01that I have been in pediatric
  • 01:03ethics circles for some time now.
  • 01:05And anybody who in the United
  • 01:08States who who studies pediatric
  • 01:09ethics and speaks about it is very
  • 01:12familiar with Mike and his work.
  • 01:14I we've used his book here on
  • 01:17ethics committees for some time.
  • 01:19He has been insightful speaker and
  • 01:22writer and is certainly one of the
  • 01:24shining lights in pediatric ethics
  • 01:26in the United States and so Yale
  • 01:28University is quite honored to have
  • 01:30Professor Hester here with us.
  • 01:33I'd also point out something interesting,
  • 01:34which is that most of the folks in
  • 01:36pediatric ethics who are leaders
  • 01:38in this field.
  • 01:38Most of the folks really are
  • 01:40other physicians or nurses,
  • 01:42and Mike has a PhD in philosophy.
  • 01:44It's really important to have the
  • 01:46clinicians perspective on these matters.
  • 01:48It's also as I think,
  • 01:49most on this call realized,
  • 01:51really important,
  • 01:52really beneficial to have the non
  • 01:54clinicians perspective on these things.
  • 01:56Sometimes we need to hear from folks
  • 01:58who aren't as deep into the trenches
  • 02:00as the physicians and nurses are.
  • 02:02Though I have to say because
  • 02:03of Mike's position there,
  • 02:04Mike is pretty deep into the trenches as
  • 02:06well in a different in a different manner.
  • 02:08Perhaps he got his PhD in philosophy
  • 02:10as well as an MA in philosophy from
  • 02:13Vanderbilt University and his bachelor's
  • 02:15degree was from Pomona College.
  • 02:17Mike has been at Arkansas for many years,
  • 02:19and as I said,
  • 02:20he is the chairman there it is
  • 02:22my pleasure to introduce Doctor
  • 02:24Micah Hester who is going to
  • 02:26speak to us on the Pleasantville.
  • 02:29The myth of the normal and how
  • 02:31this harms our trans children.
  • 02:33Doctor Michael Hester.
  • 02:34Welcome to Yale and thank you
  • 02:36Sir very much thank you now,
  • 02:38wait Michael before you start talking.
  • 02:40I forgot to tell everybody I told
  • 02:42you just for those folks who are new
  • 02:45to our series, it's going to work.
  • 02:46This way,
  • 02:47which is to say that Mike is
  • 02:49going to speak for 45 minutes to
  • 02:51an hour in that range,
  • 02:52and afterward we will have questions,
  • 02:56and I'll invite you folks to
  • 02:58submit questions through chat
  • 02:59or Q&A. Com Chat is fine,
  • 03:00and I'll ask Michael the questions that
  • 03:02you submit and we'll have a bit of a
  • 03:04conversation as best we can under zoom.
  • 03:06These things tend to work pretty well,
  • 03:08and then we'll go until 6:30,
  • 03:10at which point I'll say thank you to you.
  • 03:13Well, and I'll apologize not
  • 03:14to whoever questions I didn't
  • 03:16get to when we hit the 6:30.
  • 03:17Right, thank you all very much.
  • 03:19You're going to hear about.
  • 03:20I think from Karen you may already.
  • 03:21I'll just check my chat here.
  • 03:23You already heard about this.
  • 03:24DM me and you're gonna put in
  • 03:27their touch the texting code.
  • 03:28You know what I send them the
  • 03:30number they need to text that to
  • 03:31Karen so we can do that as well.
  • 03:33And then folks will have that.
  • 03:34And I'm done talking.
  • 03:35I'm very happily turn this over to my
  • 03:38friend and colleague Micah Hester,
  • 03:39Professor Hester.
  • 03:41Thank you, I appreciate that mark very much.
  • 03:43That from Curiel is far too kind to me.
  • 03:47I'm I've been doing this for quite
  • 03:49awhile and I'm a philosopher and never
  • 03:52no one should ever trust a philosopher.
  • 03:55But having said that, you're going to
  • 03:57just have to listen to me now anyway.
  • 03:59And I'm very glad to be here.
  • 04:01Quite honored, in fact,
  • 04:03to give a talk at, well,
  • 04:05the Pomona College of the East,
  • 04:07quite frankly so.
  • 04:10Let's get going.
  • 04:12I was asked to talk about the
  • 04:15issues in care of transgender youth
  • 04:18and this is a quite timely topic.
  • 04:23I mean, it would have been timely a
  • 04:25year ago or two years ago, but it is.
  • 04:29It is that on a hot plate now,
  • 04:31as it were given so much that's going on so.
  • 04:37Here's the objectives these you put
  • 04:39in for CE credits and who knows
  • 04:41if I'll actually get to them.
  • 04:43But disclosures are important.
  • 04:45I'll let those run in the background
  • 04:47while I explain that when I
  • 04:50was asked to give this talk.
  • 04:53What kept going through my head
  • 04:55is I'm just not sure why it is we
  • 04:59hate transgender people as much
  • 05:01as we do in this society.
  • 05:06And I kept going round and round about
  • 05:10this idea and it's what gave me kind of
  • 05:14the jumping off point that jumping off
  • 05:16point is the movie Pleasantville from 1998.
  • 05:21If you don't know the movie
  • 05:23The movie Pleasantville is.
  • 05:27About well, it's about a teenager
  • 05:31and his family in the 1990s,
  • 05:34and his mother had.
  • 05:36He lives with his mother.
  • 05:37His parents are divorced and he in
  • 05:41part in order to kind of deal with his
  • 05:45frustrating and complex life gets.
  • 05:50Gets obsessed with the television
  • 05:52show Pleasantville,
  • 05:53which is a pseudo fake 1950s black and white.
  • 06:00Yeah, family show right.
  • 06:02Ala Ozzie and Harriet or Father
  • 06:05knows best or the Donna Reed show,
  • 06:07or any of those kinds of things.
  • 06:09And Tobey Maguire plays character.
  • 06:14David, who gets sucked into the show.
  • 06:17And so he goes from the 1990s
  • 06:20and gets sucked back into this
  • 06:23television show in some magical way,
  • 06:26but who also gets sucked in is his sister,
  • 06:29who thinks he's a geek and she
  • 06:31thinks everybody like him.
  • 06:32He's kind of a nerd and but she
  • 06:35gets sucked back into this very.
  • 06:38This very two dimensional,
  • 06:40literally and figuratively life
  • 06:43of of Pleasantville,
  • 06:45and this idea and the whole idea of
  • 06:49Pleasantville is that everything that
  • 06:53everything is quite black and white.
  • 06:56Think there is good and there is bad
  • 06:58and there is the nuclear family,
  • 07:01that is that is well oiled and
  • 07:04seasoned and everybody has this
  • 07:07error of getting along and that.
  • 07:09You know this is the Voltaire candied
  • 07:13myth of the best of all possible
  • 07:16worlds kind of thing going on.
  • 07:19But something happens, what happens is?
  • 07:24You might say truth is is.
  • 07:29Is inserted into this life because
  • 07:31of the existence of Tobey Maguire
  • 07:34and Reese Witherspoon's character
  • 07:35is coming from the 1990s at into
  • 07:39this two dimensional 1950s sitcom.
  • 07:42And because of those, because of that,
  • 07:47insertion of reality really
  • 07:49usually coming through either
  • 07:52sex or love as the show has it,
  • 07:55color starts to happen,
  • 07:57complexity happens,
  • 07:58but this is a scary thing
  • 08:00for all the characters,
  • 08:02and in fact the mother of of Bud.
  • 08:08Has these deep feelings
  • 08:10for another character,
  • 08:12not her husband and and because
  • 08:15of that she herself changes into
  • 08:18color from black and white,
  • 08:21but now she's scared because
  • 08:24she's something other.
  • 08:25She's showing her real self,
  • 08:27but in a world that's not ready for it.
  • 08:30And frankly she isn't ready for it either.
  • 08:34And.
  • 08:35This foundational myth is a myth
  • 08:37that the United States and others,
  • 08:40but I mean, certainly we'll
  • 08:42talk in the United States terms.
  • 08:43This foundational myth is our myth,
  • 08:47and it's of course exacerbated
  • 08:49and and kind of amplified.
  • 08:50In a movie like this,
  • 08:52the idea that there really that that
  • 08:54the world really is a very simple space
  • 08:57and that and that it's better that way.
  • 08:59And this simplicity makes
  • 09:02everything run well and and and.
  • 09:06No one should want out of
  • 09:09this space until they taste.
  • 09:11Reality and then they start to realize
  • 09:14that maybe in fact there's something more.
  • 09:17That challenging reality happens
  • 09:19and we make Macy's character.
  • 09:21Who's the father here looks at his wife,
  • 09:24who's changed color, right?
  • 09:26And says and it'll go away.
  • 09:27It it it? I'll it'll go away, right?
  • 09:30I mean, don't don't worry, this is.
  • 09:32This is some weird kind of virus
  • 09:34so much that's that's hit and and
  • 09:37she comes to realize John Allen's
  • 09:40character comes to realize that that.
  • 09:42She doesn't want to change.
  • 09:44This really is who she is and with
  • 09:46all the challenges that it brings up.
  • 09:50She wants to say this way, well,
  • 09:52the other part of the complexity here is,
  • 09:54of course this is happening within this very
  • 09:57insular community of Pleasantville on TV,
  • 09:59and within that insular
  • 10:01community the the people.
  • 10:04The whole community is scared and frustrated,
  • 10:07and the town leaders.
  • 10:10The town leaders themselves are concerned
  • 10:13and they call Tobey Maguire's character
  • 10:16kind of into a town meeting about this.
  • 10:19Trying to stop this scourge
  • 10:22of of colourising as it were.
  • 10:25And and main character Big Bob
  • 10:27says this behavior must stop at
  • 10:30once to be turns to and says.
  • 10:32But see, this is just the point.
  • 10:34It can't stop it once because it's in you.
  • 10:37And you can't stop something
  • 10:39that's inside you.
  • 10:41And.
  • 10:41As it all goes through,
  • 10:43eventually color actually comes
  • 10:45to this whole universe by the
  • 10:48end of by the end of the movie.
  • 10:51And in in A twist in it, spoiler.
  • 10:55Tobey Maguire actually is able to get
  • 10:57back to his own timeline of the 1990s,
  • 10:59but Reese Witherspoon actually stays.
  • 11:02She's she's kind of the one that
  • 11:04jumpstarts this whole thing,
  • 11:05because she doesn't understand this.
  • 11:07Crazy is crazy 2 dimensionality,
  • 11:11but she decides to stay and and figure
  • 11:14out how to get her life in order.
  • 11:18But obviously this is a parable about a
  • 11:22great many things in our in our world.
  • 11:26I think you can see already how this
  • 11:30speaks to our our situation in the
  • 11:34United States regarding transgender persons,
  • 11:37whether they be adult or youths.
  • 11:41And it's because we live in this idea
  • 11:44of of a myth of binary and it's not
  • 11:48exclusive to issues of gender at all.
  • 11:51We see the myth of binary in
  • 11:54many different modes, right?
  • 11:55Fact and value.
  • 11:56There's facts and there's values.
  • 11:58But in fact,
  • 12:00as it were.
  • 12:03Facts themselves are already infused with
  • 12:06values and values themselves are part of the
  • 12:09real world and not something on top of it.
  • 12:12It's not something that transcends the world,
  • 12:15they're part of it, and so this
  • 12:17distinction between fact and value.
  • 12:18And all of these distinctions can be
  • 12:20analytically useful for certain purposes.
  • 12:23But they're myths when we reify them
  • 12:26into kind of metaphysical conditions.
  • 12:29Or sometimes we fosters,
  • 12:31called ontologically different conditions.
  • 12:33Same is true of good and evil.
  • 12:37That there's some pure good and some pure
  • 12:39evil and and near the twain shall meet.
  • 12:42And the reality is,
  • 12:44it's a weird mixture of all of this.
  • 12:46And what makes things good and evil
  • 12:49can be purposeful as much as anything.
  • 12:52Free and enslaved.
  • 12:56Are we all completely free?
  • 12:57Is there something situations
  • 12:59and complete enslavement again?
  • 13:01These are myths of a of a certain kind of
  • 13:05binary or dyad, substance and accidents,
  • 13:08order and chaos, spirit matter, mind body.
  • 13:14Right or Diet Coke and Diet Pepsi?
  • 13:17OK, that's really not a myth.
  • 13:19'cause everybody knows Diet Coke is the
  • 13:21real thing and diet Pepsi is just a sad,
  • 13:24sad, sad imitation.
  • 13:27But in all seriousness that this
  • 13:30idea of binary is is a way we help
  • 13:34order our world and make a very
  • 13:38complex world much easier to handle.
  • 13:40And again, for certain analytic
  • 13:42purposes, we absolutely should.
  • 13:46Continue to to recognize these
  • 13:49kinds of distinctions, but we can't.
  • 13:53Then we shouldn't then.
  • 13:55Determine that those distinctions map onto.
  • 14:01Map onto a certain trueness of complete.
  • 14:06And utter difference in the real world.
  • 14:13And of course we see this.
  • 14:14Then in the myth of gender binary as well,
  • 14:17and you can read these quotes as I
  • 14:19go through, but right we we talk
  • 14:21about male and female men and women,
  • 14:25boys and girls, masculine and feminine,
  • 14:30as if these are distinctions that
  • 14:34connect and only distinctions to be made,
  • 14:38that there is no middle ground. No other.
  • 14:42There are only male and female and
  • 14:45you can see in quotes and this these
  • 14:49quotes are being pulled from the.
  • 14:51Not just recent controversies of of
  • 14:54the recent NCA swim championships
  • 14:59with Lea Thompson,
  • 15:00but but other kinds of situations
  • 15:03that we've been talking about,
  • 15:05but the in our culture.
  • 15:07But these these quotes kind of bring
  • 15:10up this same idea and myth that
  • 15:13ideology is trans women or women.
  • 15:16But then there's the biological part.
  • 15:18The idea, the idea ideology is not fact.
  • 15:22Is not a fact that the idea,
  • 15:25the ideology is not a fact.
  • 15:26It is not a fact that trans women are women.
  • 15:30The fact is,
  • 15:31biological man is a biological man.
  • 15:33A biological woman is a biological woman.
  • 15:35Little thing called science and DNA.
  • 15:38See, but here's the thing.
  • 15:40And philosophers know this.
  • 15:42And the rest of us should.
  • 15:45And that is when we talk about things
  • 15:48like biological woman and biological man.
  • 15:51We're already.
  • 15:53Talking about conceptions about
  • 15:56impressions and not observations,
  • 15:59the observation might be the DNA
  • 16:02or the chromosomes or whatever.
  • 16:04And and the fact that we map these
  • 16:08onto distinct categories we call
  • 16:10men and women is a thing that we
  • 16:13do as human beings as a community.
  • 16:16As a social consensus,
  • 16:19it is not necessarily mapped onto
  • 16:22the whole of reality.
  • 16:24Because in point of fact,
  • 16:25since the dawn of the human race,
  • 16:28there hasn't always just been ** and XY.
  • 16:31There have been X,
  • 16:32XY and other kinds of chromosome conditions,
  • 16:37and it's not as if those people
  • 16:41aren't people and human.
  • 16:43But we call them aberrations or
  • 16:46abnormal or something like that rather
  • 16:50than recognizing that they may be variants.
  • 16:54Within the normal range of
  • 16:56what it means to be human?
  • 16:59And of course means love to bring up this
  • 17:01myth right in the world of social media.
  • 17:03And I thought them hippie.
  • 17:04Big baby boomers were were bad, right?
  • 17:08They at least knew the gender
  • 17:09was gender and all that stuff.
  • 17:11But they didn't.
  • 17:12We never did and you can go back
  • 17:15through history and you can see the
  • 17:18many times in which history shows us
  • 17:21that human beings all along have lived
  • 17:24trying to understand what it meant
  • 17:27for them to live their lives under
  • 17:29certain social morays of 1 gender
  • 17:33or another or some fluidity therein.
  • 17:37And and the fact that we continue
  • 17:41to reify this reify this binary.
  • 17:46It is troubling when you look at reality.
  • 17:50So why do I call this a myth?
  • 17:52I call this a myth because because
  • 17:55let's let me be quite transparent here.
  • 17:59I call this a myth because.
  • 18:03It's I have a particular worldview what
  • 18:06the Germans call a Weltanschauung.
  • 18:09I have a particular worldview in my
  • 18:12worldview differs from other people,
  • 18:14those the the worldview of the myth of
  • 18:17the the worldview of Pleasantville right?
  • 18:20And whether I from my standpoint,
  • 18:23Pleasantville is a myth
  • 18:25from the Pleasantville IANS.
  • 18:27They didn't see it that way,
  • 18:28at least not initially.
  • 18:30Now, of course,
  • 18:31neither of our will do is live in a vacuum.
  • 18:34Our worldviews deal with one another.
  • 18:38And so part of the challenge is
  • 18:40always going to be that different
  • 18:42human beings will hold different
  • 18:44worldviews and at some point I can't
  • 18:46necessarily argue someone else
  • 18:48out of their own worldview, but.
  • 18:52As long as we live together,
  • 18:54we must account for each others worldviews.
  • 18:57We must talk about them.
  • 18:58We must deal with them when they
  • 19:01come into conflict.
  • 19:02My worldview comes from my study
  • 19:06of folks like American philosopher
  • 19:08William James who talked about the
  • 19:12idea that experience is like a stream.
  • 19:15Everflowing and contiguous
  • 19:17continuous and in fact,
  • 19:20when we carve up experience,
  • 19:23we do so for analytic purposes when there is,
  • 19:26when it hits a rock and splits,
  • 19:29it's the irritation of doubt
  • 19:31that comes up and says how do
  • 19:34we reroute and go around this?
  • 19:36It creates a question for us,
  • 19:38and thus we may analyze our
  • 19:40world in various ways,
  • 19:41but it's still a flowing continuous stream.
  • 19:44It is artificial.
  • 19:45You might say that we break up
  • 19:47experience in different ways in order
  • 19:49for us to live our lives successfully,
  • 19:52so we must do it.
  • 19:54But any particular cut or break
  • 19:57in the stream of experience is
  • 19:59for particular purpose. It isn't.
  • 20:03It isn't any.
  • 20:05One particular cut is not necessarily
  • 20:08a necessary cut,
  • 20:09it is one that we use in order to move on.
  • 20:12And that's my worldview.
  • 20:14And so in that worldview.
  • 20:16These ideas of true binary Ness of of
  • 20:22complete complete separation between
  • 20:25concepts or genders or whatever.
  • 20:29Whatever the issue is.
  • 20:32That kind of split actually is
  • 20:35that just doesn't doesn't fit well
  • 20:38with my worldview and I want to be
  • 20:41transparent about that up front.
  • 20:43Well up front ish.
  • 20:45I've been talking for awhile already so.
  • 20:48So for me,
  • 20:49the idea that there is an existence
  • 20:52of a non binary fluidity in life is
  • 20:55part and parcel of what it means to
  • 20:57see the world as a continuous streams
  • 21:01of experience and that even biology.
  • 21:03Again as I said,
  • 21:04historically we know biologically
  • 21:08human beings haven't just been
  • 21:11one or two different sets of
  • 21:14biological maps of genetic maps.
  • 21:17They just haven't.
  • 21:18And and just because most people fit
  • 21:22into one of two genetic mappings doesn't
  • 21:25mean that those are the only two that matter,
  • 21:29and that's how we've done done
  • 21:30this in our world is.
  • 21:32We've turned it into what matters is.
  • 21:37Men or.
  • 21:38Right or XY and women ** right,
  • 21:42and that's what matters.
  • 21:43And again,
  • 21:44is that what matters?
  • 21:45It's interesting when you have
  • 21:47these discussions because
  • 21:49at some point people will talk about well,
  • 21:51what matters is, say, genitalia.
  • 21:54Or maybe it matters how
  • 21:56we're perceived by others.
  • 21:57Or maybe it matters about genetics.
  • 21:59So what do we even mapping
  • 22:01onto when we map onto these?
  • 22:03When we try to map our conceptual
  • 22:06categories onto something we think is more?
  • 22:09Solid in meal,
  • 22:10more scientific as that quote had it.
  • 22:15Something to recognize as we
  • 22:17kind of move closer to than some.
  • 22:20Some of the further comments as opposed
  • 22:22to the background here is that there
  • 22:25is a reality to gender diversity.
  • 22:28We may only say look,
  • 22:30you may only turn to me and say
  • 22:33what you call the reality of gender
  • 22:36diversity are different expressions
  • 22:38of experiences that that person have,
  • 22:41but in fact that's not the
  • 22:42reality of the diversity.
  • 22:43'cause the diversity either comes
  • 22:45in the genetics or it doesn't.
  • 22:47And what's very interesting about
  • 22:49that is even as we get into in a
  • 22:53second some state laws and stuff
  • 22:55that are that are designed to.
  • 22:58To curb or or eliminate
  • 23:02transgender care for children.
  • 23:05For teenagers,
  • 23:07even those even some of those laws
  • 23:11within their definitions define gender
  • 23:13as as a cultural experiential category,
  • 23:18not as not necessarily as
  • 23:21a category of genetics.
  • 23:24So there is still the rest recognition.
  • 23:26The gender is this cultural.
  • 23:28Category and if that's true,
  • 23:30then we need to recognize that culturally
  • 23:34people are telling us something.
  • 23:37And what we are learning is that.
  • 23:41Teenagers, people you know,
  • 23:45even younger than teenagers,
  • 23:47but at least teenagers,
  • 23:48when they're when they're
  • 23:50surveyed at a clip of almost 10%,
  • 23:52are willing to tell us that they experience
  • 23:55themselves as gender diverse, right?
  • 23:59Or within the gender diverse universe.
  • 24:02And. If 10% of them are willing to
  • 24:06tell us that within a culture that
  • 24:08lives primarily by this myth of the
  • 24:11binary and the frustration and and
  • 24:14struggles that such a culture creates,
  • 24:17you have to imagine that it's
  • 24:19actually higher than that.
  • 24:20Because it would be hard for those,
  • 24:24it would be hard for many people
  • 24:25to be able to say that even
  • 24:27in an anonymous survey.
  • 24:31So that gets us to the current legal
  • 24:34landscape, and I fear that the next
  • 24:36button I'm going to hit is going
  • 24:37to screw up and not look nearly as
  • 24:39pretty as it should, so I'll get.
  • 24:41I'll hop into this slide very quickly,
  • 24:43but the legal landscape is very
  • 24:45important because in the last few
  • 24:47years in particular in my state is
  • 24:49paradigmatic in this state of Arkansas.
  • 24:51And so we'll get to that in a second.
  • 24:53But in the last few years,
  • 24:54the legal landscape has changed greatly when
  • 24:56it comes to transgender care for minors.
  • 25:00So in just the last few years,
  • 25:04three States and I have passed different
  • 25:08kinds of laws that limit or eliminate.
  • 25:15Care transgender care,
  • 25:18medical or surgical for minors,
  • 25:23and all of these states.
  • 25:25Sorry for how how this all pumped up today.
  • 25:27All of these states have are attempting
  • 25:30in this year in 2022 to do the same.
  • 25:33Some haven't made it.
  • 25:34I've already been withdrawn or
  • 25:36died in committee or didn't pass,
  • 25:38but many of them are still working their
  • 25:41way through their state legislatures.
  • 25:43Some will not.
  • 25:43Some of these on this list won't pass.
  • 25:46Some of these were.
  • 25:47And so more and more states are doing this.
  • 25:50What we know is that since 2018,
  • 25:53about 670 anti LGBTQ bills were
  • 25:56filed by state legislators.
  • 25:59And just in this year alone, 240 were filed.
  • 26:03And roughly 50,000 teens
  • 26:06could lose medical care.
  • 26:09We could use medical care for their
  • 26:12for their concerns about transgender
  • 26:15experience and and considerations.
  • 26:20If all these states actually passed laws,
  • 26:22and that's a that's a conservative
  • 26:24estimate on how many really are affected.
  • 26:26In fact, in the state of Arkansas,
  • 26:28the numbers roughly about 1500 that have been
  • 26:34seeking care in the last couple of years.
  • 26:37So like I said, unfortunately my
  • 26:39state is paradigmatic in this move,
  • 26:42and they passed what
  • 26:43they called the SAFE Act.
  • 26:45I'm not so sure about that.
  • 26:47Save adolescents from experimentation,
  • 26:50which is also another terrible,
  • 26:53clever rhetorical device,
  • 26:55politically used.
  • 26:57But unfortunately I think inaccurate.
  • 27:00And that law and several other states
  • 27:02have taken this as the paradigm law.
  • 27:04So they are trying to pass
  • 27:06this same law in other states,
  • 27:08physician or health care professional
  • 27:10shall not provide gender transition
  • 27:12procedures to any individual under
  • 27:1318 a physician or health care
  • 27:15professional shall not refer any shall
  • 27:17not refer any individual under 18.
  • 27:21To any health care professional
  • 27:23for gender transition procedures,
  • 27:24and by the way,
  • 27:26that's that also means referral
  • 27:28to out-of-state places.
  • 27:31Gender transition procedures mean and.
  • 27:33So what does this all mean?
  • 27:35It means alter or remove physical
  • 27:39anatomical characteristics.
  • 27:40Instill or create physiological
  • 27:42or anatomical characteristics
  • 27:43that resemble a sex different from
  • 27:46the individuals biological sex,
  • 27:47including, without limitation,
  • 27:49medical services that provide
  • 27:51puberty blocking drugs,
  • 27:52cross sex hormones,
  • 27:54or other mechanisms to promote
  • 27:56the development of feminizing
  • 27:58or masculinizing masculinizing
  • 28:00features in the opposite biological
  • 28:02sets or genital or non genital
  • 28:05gender reassignment surgery.
  • 28:06That's our law. It was passed in 2011.
  • 28:11It was fairly quickly.
  • 28:15The ACLU brought suit and it
  • 28:17was suspended by the courts,
  • 28:18and it is currently under suspension.
  • 28:22However, it is most of our
  • 28:25legal experts around the state.
  • 28:28Believe that in fact it will.
  • 28:32The courts will go ahead and allow it to.
  • 28:36Allow it to.
  • 28:39Go back well unsuspended and I
  • 28:41allow it to be the law of the state.
  • 28:44Of course, more students may come thereafter,
  • 28:47but the moment it does we we would
  • 28:51have to stop all all transgender
  • 28:55based care for anyone under 18,
  • 28:59even if parents if parents
  • 29:02are supportive of it.
  • 29:04And as such, we've ended up.
  • 29:08We've ended up limiting our
  • 29:10gender or gender clinic at our
  • 29:13Children's Hospital so that it
  • 29:15only it's only seeing patients
  • 29:18that it's already been seeing.
  • 29:19It is not taking any new
  • 29:21patients and and it's trying to.
  • 29:25It's trying as best as possible to refer
  • 29:28while the law still is not implant.
  • 29:34Other states have tried different things.
  • 29:35Texas was unable to pass such
  • 29:37a law through its legislature,
  • 29:39so the Attorney General and the governor
  • 29:42of the state decided to render an opinion
  • 29:47on child maltreatment and determined
  • 29:50that there the child maltreatment
  • 29:53that that Jan Stander care should be.
  • 29:57Should be interpreted as child
  • 30:02maltreatment and so that that too
  • 30:05has gone under suit in that state,
  • 30:08but that's the opinion.
  • 30:09Now, of course it's a nonbinding opinion,
  • 30:12but having said that, it it means that the.
  • 30:16The state based prosecution Attorney
  • 30:18Generals Office is willing to try
  • 30:21prosecute anyone who provides or refers
  • 30:24for transgender care in the state of Texas.
  • 30:27Other states are now trying to write
  • 30:29legislation that puts that in as well.
  • 30:31I think Idaho,
  • 30:33or if I'm not mistaken,
  • 30:34is a state using that kind of
  • 30:36language in there.
  • 30:37But what few states are trying to do?
  • 30:40All of this is very interesting because
  • 30:42when you do a public opinion poll,
  • 30:44what you learn is that in
  • 30:46fact majority of Americans,
  • 30:48regardless of their political
  • 30:50stripe majority of Americans,
  • 30:53actually believe that states shouldn't
  • 30:55pass laws in relationship to this.
  • 30:59That the government should should not step
  • 31:01in and let medicine take care of itself,
  • 31:05so I think that's an important
  • 31:07context to keep in mind.
  • 31:13That leads us then to this question.
  • 31:17States are stepping in and
  • 31:20saying medicine and health care
  • 31:23providers shouldn't be doing this.
  • 31:25And part of this is raised because of
  • 31:28a view that says that this shouldn't
  • 31:31even be a medical issue then.
  • 31:33In fact, when you call it child
  • 31:35abuse or something like that,
  • 31:37it would render it a non medical.
  • 31:42Non medical condition and any medical
  • 31:45response would be inappropriate in such case.
  • 31:48So the question is,
  • 31:49does it fall under the umbrella medicine?
  • 31:51Does transgender care fall
  • 31:53under the umbrella medicine?
  • 31:54And I think what I want to do is follow
  • 31:57me carefully here because this can be a
  • 31:59little bit challenging but I wanna I wanna.
  • 32:01See if we can do this.
  • 32:05What is medicine?
  • 32:07I think it could be defined
  • 32:09a number of different ways.
  • 32:10Some people define quite broadly,
  • 32:12it's just well being.
  • 32:13Medicine is about well being,
  • 32:15but then that starts to bring in things
  • 32:17like self help is self help and self help.
  • 32:19Books and stuff.
  • 32:20Is that medical care maybe not.
  • 32:22So that starts to undermine
  • 32:25that broad sense.
  • 32:29Some people defined it as living
  • 32:32healthily or healthy living or
  • 32:34helping people live healthily.
  • 32:35By the way, I've defined it that
  • 32:38way in some of my own work,
  • 32:40but it does raise the question.
  • 32:41So then what is health
  • 32:43and how does how do we?
  • 32:45What do we mean by health in
  • 32:47relationship to living healthfully?
  • 32:48Is it just well being
  • 32:50or is it something else?
  • 32:53But we could get more narrow
  • 32:54and we could say no.
  • 32:55Medicine is really just about
  • 32:57dealing with illness and injury.
  • 32:59That's probably as narrow as we probably get.
  • 33:02But then you start to ask about things
  • 33:04like what about primary preventative
  • 33:06care or OB care or something?
  • 33:08Those aren't illnesses or
  • 33:10injuries that we're dealing with,
  • 33:12and we say it's under the umbrella medicine.
  • 33:14So is it?
  • 33:16Is illness and injury really the correct
  • 33:18way to think about what medicine is?
  • 33:21So let's broaden it a little bit more.
  • 33:23Again,
  • 33:23remember I'm kind of on record for a a
  • 33:25broader definition like living healthfully,
  • 33:27but I'm trying to play this through
  • 33:30to to see how narrow can we go
  • 33:34with this definition and given
  • 33:36how narrow we go if if we get it.
  • 33:40In a narrow enough definition that we
  • 33:42that that most people can agree to,
  • 33:45would transgender care fall
  • 33:47under that umbrella?
  • 33:48And so if we said it's about illness,
  • 33:50injuries, injury, and the prevention thereof.
  • 33:54The psychiatry count in
  • 33:57that is cosmetic surgery.
  • 33:59Count in that if we do that,
  • 34:01but let's go ahead,
  • 34:03and I mean there's still questions about
  • 34:06this narrow definition as the definition,
  • 34:09but let's hold on to that for
  • 34:11a second and then think about.
  • 34:14Does trans you know where does
  • 34:16transgender care fall in that?
  • 34:18Is it in it is transgender
  • 34:21identity and illness?
  • 34:22Well,
  • 34:23I think that's I think that's
  • 34:25a problem that's a problematic
  • 34:27way to think of it in general.
  • 34:28So if we held that medicine is about illness,
  • 34:32injury, and prevention thereof,
  • 34:34it's a little hard.
  • 34:35I think it's does a disservice to
  • 34:38transgender identity to call it an illness,
  • 34:41though it does have physiologic,
  • 34:43psychological,
  • 34:44and existential elements to it and.
  • 34:49It may, it may have effects on all of this,
  • 34:52so it may then have something
  • 34:55to do with prevention, right?
  • 34:57Does it result in injury and illness?
  • 35:00Does does transgender identity in
  • 35:03our universe and and world does it?
  • 35:06Create
  • 35:10a scope of of of conditions
  • 35:13that fall under medicine.
  • 35:15I think there's no question about that.
  • 35:19And it's within that sphere that
  • 35:21even the more narrow definition
  • 35:23has to start acknowledging that
  • 35:25transgender care matters, right?
  • 35:29And so can health care as what
  • 35:32they do in their physiologic and
  • 35:35psychological conditions of health care?
  • 35:37Can we help patients live healthfully?
  • 35:40Can we help patients?
  • 35:43Using the tools of healthcare
  • 35:46transgender patients,
  • 35:47and I think the answer is clearly yes,
  • 35:49but I'm not the only one, right?
  • 35:52Different professional societies
  • 35:54certainly think so right?
  • 35:57Child and analysts, psychiatry,
  • 36:00Pediatrics,
  • 36:01endocrine society all recognize that
  • 36:04translator youths are at risk of various
  • 36:08of various conditions that they're
  • 36:11identifying their their identity.
  • 36:13Requires a response from health care
  • 36:16that's affirming and supportive so,
  • 36:19so in all of this professional societies
  • 36:23within medicine are saying yes,
  • 36:26this is right. Go on, there's.
  • 36:29These are just three examples.
  • 36:30There are many professional
  • 36:31societies that that do this.
  • 36:35And look, even if we just narrowly,
  • 36:38and I'm not saying by any means we should.
  • 36:40But even if we just narrowly looked
  • 36:42at the issue of mental health.
  • 36:45For you seeking transgender care.
  • 36:49This is what we know. We know that.
  • 36:53Transgender youths have high rates
  • 36:55of depression, anxiety, self harm,
  • 36:58and suicidality and multiple studies
  • 37:00have done this and just showing you
  • 37:02a couple but multiple studies have
  • 37:04shown this right and you can see that
  • 37:07versus the the rate among all teens.
  • 37:12And the other thing we know is that
  • 37:15that good gender affirming care
  • 37:17actually helps reduce this aspect of of.
  • 37:21Of kids lives that it helps
  • 37:24reduce their depression,
  • 37:26anxiety, anxiety and suicidal
  • 37:29suicidal ideations that seems.
  • 37:32Central to the mission of medicine is to
  • 37:37help reduce these kinds of bad outcomes,
  • 37:41right? And that leads us then too.
  • 37:46Not just to the question of whether
  • 37:48or not transgender care falls
  • 37:50under the umbrella of medicine,
  • 37:51but what should we do in
  • 37:54the clinical encounter?
  • 37:55And how should clinicians respond to
  • 37:58transgender children or children who
  • 38:01are are gender diverse and and trying
  • 38:04to think through and their experiences
  • 38:06or work through their experience?
  • 38:09So let's get this out of the way.
  • 38:12Well, not up front,
  • 38:13but up front for this particular
  • 38:14part of the talk,
  • 38:15let's get this out of the way and
  • 38:17as an individual practitioner with
  • 38:18laws and licensure guidelines allow
  • 38:20you to opt out of providing direct
  • 38:22patient care for transgender persons,
  • 38:24adults or children.
  • 38:26OK,
  • 38:26as an individual practitioner you
  • 38:28can say I don't want to do that
  • 38:31and you are protected to do so.
  • 38:33It is within your legal and
  • 38:35licensure rights to do that.
  • 38:37There's no question about that.
  • 38:39In fact,
  • 38:39in Arkansas we passed yet another
  • 38:41law in the same year that we passed
  • 38:43the quote UN quote Safe Act passed
  • 38:46another law that expanded the idea
  • 38:48of protection of the individual
  • 38:50practitioner to refuse to provide such care.
  • 38:54But please don't.
  • 38:55Don't these patients need the expertise
  • 38:57in medical and mental health professionals?
  • 39:00They need it.
  • 39:01Whatever your particular
  • 39:03values and worldviews are.
  • 39:06Actual individuals are suffering.
  • 39:08Because of the conditions they're under,
  • 39:12the experiences they're having,
  • 39:14and you have an ability to help with that.
  • 39:17Whether you help it directly or.
  • 39:20Or get them help from other experts
  • 39:23who may be better positioned to do it,
  • 39:26but walking away please don't.
  • 39:29And why shouldn't you walk away?
  • 39:31Because the nature of medical relationships
  • 39:33is the right healing action for this patient.
  • 39:36That's what it's about.
  • 39:38It's about helping them reconnect
  • 39:39with their community,
  • 39:41their everydayness so that they
  • 39:43can live their lives connected,
  • 39:44not disconnected and.
  • 39:47It's about trust.
  • 39:49Every patient that shows up at our door,
  • 39:51unless they're unconscious,
  • 39:52demonstrates even a little bit of trust.
  • 39:54Even if they tell us they don't trust us,
  • 39:56the fact that they show up at the
  • 39:58door shows they have some trust that
  • 40:00the parents of these use as well
  • 40:03as these children are showing some
  • 40:05trust and and it's fundamental to
  • 40:07the relationship that you work on a
  • 40:10healing action for this patient in
  • 40:13order to help them reconnect with
  • 40:14the community that they're part of
  • 40:16our communities that they're part of.
  • 40:18And that you do trust.
  • 40:20So we must show them respect
  • 40:22and trustworthiness,
  • 40:23that our actions are trustworthy.
  • 40:24These are just the basic moral
  • 40:27norms of medicine.
  • 40:28This isn't specific or
  • 40:31unique to transgender care.
  • 40:33This is these are the moral
  • 40:35Lawrence you buy into
  • 40:37when you go into medicine.
  • 40:38When you become a health care professional,
  • 40:41you respect and show test marilena's
  • 40:44through caring through truth, telling
  • 40:46through confidentiality through fidelity.
  • 40:49These are the kinds of moral
  • 40:51norms that you should hold on to.
  • 40:54And your goals of medicine
  • 40:56that aren't to cure.
  • 40:58Because many of your patients
  • 41:01like transgender immunes.
  • 41:03Aren't in a situation where they need cure,
  • 41:07they are.
  • 41:08Your goal should help them live healthfully
  • 41:11through the conditions that they live in.
  • 41:14Think of disabled persons and say there are
  • 41:17certain disabilities that never go away.
  • 41:19So is medicine not supposed to do anything?
  • 41:22No medicine provides the conditions
  • 41:25in which with those disabilities,
  • 41:28humans can live their best lives, right?
  • 41:32And transgender youths as trender youth,
  • 41:35transgender youth,
  • 41:36should be able to live their best lives.
  • 41:39But you may still resist, right?
  • 41:41And you might say look healing action
  • 41:43is one thing, but gender firm care?
  • 41:46Not so sure.
  • 41:47So what about D'assistance
  • 41:50medical versus surgical responses?
  • 41:52Long term effects of treatments?
  • 41:54Or when parents and children disagree
  • 41:56and this will finish out my talk as we go
  • 41:59through these kind of what if scenarios?
  • 42:01What do you do if you're still
  • 42:03not sure about these kinds of
  • 42:06situations and conditions?
  • 42:07Distance is this.
  • 42:08It's controversial 'cause it has
  • 42:10a couple of different missions.
  • 42:12We don't really know about it and the and
  • 42:14the research on it is is questionable,
  • 42:17but persistence is essentially children who
  • 42:20don't persist in an interest to transition.
  • 42:23So the how common is it for a child to
  • 42:27change their mind to change their insight to,
  • 42:32to rethink their identity as they move along?
  • 42:37And some research.
  • 42:39These three are examples of research
  • 42:42that argues that distance is very common,
  • 42:46as high as 80% of children as they
  • 42:49move through puberty will change,
  • 42:51will change their mind,
  • 42:53and decide that they really don't
  • 42:56want to transition.
  • 42:57However,
  • 42:58there's been careful work on this
  • 43:00research that has questioned it,
  • 43:02and if you read these particular
  • 43:05articles by Newhook and Carrington,
  • 43:07you'll see some significant flaws
  • 43:09in the research on persistence.
  • 43:11Now,
  • 43:11let's be honest.
  • 43:16There may be significant
  • 43:17flaws in maybe 80%, isn't it?
  • 43:19What if it turned out it was
  • 43:21still 50% and the question is,
  • 43:22does that mean we should not help and not
  • 43:26provide medical care for these children?
  • 43:28I think the answer is no,
  • 43:30it doesn't mean that because
  • 43:31the focus is wrong.
  • 43:32If you're worried about
  • 43:33persistence versus d'assistance.
  • 43:37What you should look at is that
  • 43:39children are coming to you.
  • 43:42And what you were support as a health
  • 43:45care provider and the question is how
  • 43:47do we support them best in doing that?
  • 43:50We get them good.
  • 43:52We get them good mental health.
  • 43:55Mental health support and.
  • 43:57We may provide them some
  • 44:00good medical support as well.
  • 44:03Some of the treatments you know
  • 44:06about medicinal responses,
  • 44:07like puberty blocking treatments or hormones.
  • 44:10Right now there's some challenges with that.
  • 44:12They're not benign right?
  • 44:14Bone density, fertility in our development,
  • 44:17hypertension are all kind of question
  • 44:20marks because we don't know all of
  • 44:22the long term effects yet of starting
  • 44:24this early in early in someone's
  • 44:27life and and continuing through.
  • 44:29We don't have the data yet.
  • 44:31At the other side, there are some concerns,
  • 44:33but they're also not so high that
  • 44:35we don't think we can correct for
  • 44:38them with other medical options,
  • 44:40but we do, but we shouldn't.
  • 44:44They're like puberty.
  • 44:46Blocking is something that's
  • 44:47reversible later,
  • 44:48so we could start that in whatever.
  • 44:50But let's not we have we have to
  • 44:52be clear with families and with
  • 44:54the children themselves,
  • 44:55but this is not a benign process
  • 44:58and there's no risk or no possible
  • 45:01negative outcomes.
  • 45:02However,
  • 45:02extent of those negative outcomes is unclear,
  • 45:06and frankly,
  • 45:07not very high from what little data we have.
  • 45:10Mental health responses.
  • 45:12Counseling is extraordinarily important,
  • 45:15and it's counseling to help support
  • 45:17people who are challenged with what
  • 45:19they're thinking and experiencing
  • 45:21in their lives,
  • 45:22and especially in a culture that
  • 45:24lives under the myth of binding.
  • 45:27How do,
  • 45:27how do I exist as a person who
  • 45:30seems to be counter culture and
  • 45:33not by my own choosing,
  • 45:34at least not as it's experienced.
  • 45:36It's not experienced by these children,
  • 45:38is as it's not their own.
  • 45:40Choosing challenge is good therapists
  • 45:44as we lack good therapists for
  • 45:47children in general and then talk
  • 45:49talk about a topic this specific
  • 45:52really hard to find good therapy.
  • 45:55Social responses providers should
  • 45:57use desired names and pronouns and
  • 46:00sometimes parents will ask you not to,
  • 46:02and in the face of that I think you have to.
  • 46:06I think you I think you have to look
  • 46:09at your patient and say my patient is
  • 46:11asking me for this and this is not.
  • 46:14But let's be really clear.
  • 46:15This is not something where you
  • 46:19are affecting.
  • 46:20You're affecting their long
  • 46:22term Physiology or something,
  • 46:24so calling them with their names and
  • 46:26pronouns isn't somehow violating
  • 46:28the rights of the parents in
  • 46:30these kinds of cases,
  • 46:32this is supportive of
  • 46:34the children themselves.
  • 46:36There are, of course,
  • 46:38surgical responses for
  • 46:39the most part in ethics.
  • 46:41We have argued that at Sept.
  • 46:44In very unusual cases,
  • 46:45for the most part we would avoid
  • 46:48surgical options until somebody
  • 46:49reaches the age of majority to be
  • 46:52able to make that decision for
  • 46:54him or herself or themselves,
  • 46:56and so that's that's where we've
  • 46:59come down on that, and so frankly.
  • 47:03Like a lot of the legislators who passed
  • 47:05the quote UN quote Safe Act in Arkansas
  • 47:08really believed what they were doing
  • 47:11was stopping surgical interventions.
  • 47:13But in the state of Arkansas,
  • 47:14we weren't doing surgical interventions.
  • 47:16We were offering hormones and and
  • 47:19puberty suppression. But we were.
  • 47:21We weren't doing any surgeries
  • 47:23here and most of most of the
  • 47:26rhetoric was about was about.
  • 47:29Doing surgery to genitalia,
  • 47:30which just simply wasn't happening and
  • 47:33so part of this also comes down to what's
  • 47:35really happening and what are the facts.
  • 47:41One of the well last things I want
  • 47:43to talk about are conflicts between
  • 47:46parents and child when parents stay.
  • 47:48They when the child wants to
  • 47:51move forward with say puberty
  • 47:54suppression and parents do not.
  • 47:57We have to we have to recognize that our
  • 48:01society accepts and and supports parental
  • 48:03authority over their own children, right?
  • 48:06That it's a social and legal standard that.
  • 48:10That we then turn to parents and expect
  • 48:13them to be governed normatively.
  • 48:15Ethically by the best interest
  • 48:18standard and their decisions,
  • 48:20or would be limited by the harm principle,
  • 48:23that is, if their decisions are art
  • 48:25imminently, harmful to the child,
  • 48:27their decisions should be limited
  • 48:29in the state should step in,
  • 48:31but what do we?
  • 48:32What do we think about the child's authority
  • 48:35over their own experiences and bodies?
  • 48:38And some have argued because the
  • 48:41benefits of the treatment are
  • 48:44such that it reduces dysmorphic
  • 48:46experiences and depression because it
  • 48:49improves quality of life indicators.
  • 48:51Those benefits are so great that
  • 48:53the child should have authority
  • 48:55regardless of what the parent says.
  • 48:58And.
  • 48:59And others have argued that children
  • 49:02actually have rights to be able
  • 49:05to express their own developing
  • 49:07autonomy and not to be harmed by.
  • 49:12By the avoidance of these
  • 49:14kinds of treatments,
  • 49:15but should be allowed to make these
  • 49:17treatment decisions for themselves.
  • 49:18So in just the last few years,
  • 49:20several people have been publishing on
  • 49:24arguments that say children should be able
  • 49:25to make this decision for themselves,
  • 49:27at least when they hit the age of.
  • 49:2913 fourteen 15.
  • 49:33So where do I stand on all this?
  • 49:35And we'll finish up with this and then we
  • 49:38can have conversations on what you think.
  • 49:41First, I say gender is a substantive
  • 49:44if not fundamental aspect of the
  • 49:46self and the self is a situated and
  • 49:49mutable aspect of human beings.
  • 49:51As such, gender is not something fixed.
  • 49:53The certainly affected by by
  • 49:56biology or genetics or nature,
  • 49:59and may demand attention and
  • 50:01consideration throughout the lifespan.
  • 50:04Children are early developing selves,
  • 50:07physiologically, psychologically,
  • 50:08socially and cognitively.
  • 50:11As such, they will experience their
  • 50:13developing selves and work and are working
  • 50:16on understanding who they are becoming.
  • 50:19Further,
  • 50:19they may lack the ability to act as
  • 50:22fully a ton of individuals with regard
  • 50:24to translating care individuals because
  • 50:26they are still in those developmental
  • 50:28in the throes of development.
  • 50:30Parents are tasked with helping
  • 50:32their children become the best
  • 50:33versions of themselves by helping
  • 50:35author their life stories,
  • 50:36and as such they're entitled to
  • 50:38operate within their own values,
  • 50:39but also must listen to the developing
  • 50:42interests and values of their children,
  • 50:43providing support for those experiences.
  • 50:47Health care providers are under the
  • 50:50ethical norm of helping persons live
  • 50:52healthily using means at their disposal.
  • 50:55To the disposal.
  • 50:56Medicine to do so.
  • 50:58As such,
  • 50:58they should stand at the ready to
  • 51:01provide or refer those who can provide
  • 51:03gender affirming care were appropriate.
  • 51:05Kansas State the state should
  • 51:07recognize parental authority while
  • 51:09also protecting vulnerable individuals
  • 51:11from undue and identifiable harm,
  • 51:14and as such,
  • 51:15it should allow families to work through
  • 51:17the conflicts about about starting
  • 51:19medical interventions in transgender care.
  • 51:22I have to admit,
  • 51:23I'm still thinking about that one in terms
  • 51:25of where I'm ultimately going to come down.
  • 51:27That's kind of where I stand right now,
  • 51:29but also they should step in to
  • 51:32protect children whose families
  • 51:33turn abusive or negligent or.
  • 51:36Or or harmful towards their
  • 51:40transgender children.
  • 51:42And further,
  • 51:42the state should not should not
  • 51:45interfere with access to trender
  • 51:47affirming care that it's not
  • 51:49the states rule to do that.
  • 51:51'cause gender affirming care doesn't
  • 51:54meet the does it meet the conditions
  • 51:58to blink to bring the police
  • 52:00power of the state on board so.
  • 52:03It was a whirlwind of information
  • 52:06and and presentation.
  • 52:07I thank you so much for your
  • 52:09attention and time and I look
  • 52:11forward to the conversation.
  • 52:14Thank you Michael.
  • 52:15That was an exceptional presentation.
  • 52:17Very, very interesting.
  • 52:18Lots of great ideas to talk about.
  • 52:21I'm friends. I invite you to
  • 52:23submit your questions through
  • 52:24chat questions or comments.
  • 52:28So I I learned a lot from this talk, Michael.
  • 52:30So let me let me just touch base
  • 52:32on a couple of things one had to
  • 52:35do with the with the SAFE Act.
  • 52:38And it that that even bans referrals,
  • 52:42which essentially, I guess,
  • 52:45bans speech among physicians, yes.
  • 52:50This has been part of the argument
  • 52:52that's been raised to the courts.
  • 52:55Yes, yes, that it becomes a first.
  • 52:58It becomes a a form of First
  • 53:01Amendment violation, yes, but yeah,
  • 53:02at this point we don't know where that's
  • 53:04going to go until the courts you know,
  • 53:06until it runs its course in the courts.
  • 53:09We've got a number of people who
  • 53:10have things they want to ask and say,
  • 53:11so I'm gonna I'm gonna get to it.
  • 53:141st I have. I'm not clear
  • 53:16whether speaker is saying
  • 53:18nonbinary identity is biological,
  • 53:21just like male and female,
  • 53:22or is it a cultural overlay
  • 53:24on male and female biology?
  • 53:27I don't think it's clear that you
  • 53:30can separate those two neatly.
  • 53:33We don't know the full biological
  • 53:36conditions under which.
  • 53:40Non binary identity arises, right?
  • 53:43I mean I've got.
  • 53:45So I've got genetics colleagues that will
  • 53:47tell me everything is genetics and so should.
  • 53:50So would also John Non binary identity
  • 53:52have some sort of genetic component
  • 53:54which we just haven't found? Now?
  • 53:56Look, I don't know if that's true or not.
  • 53:58My point is that I don't think
  • 54:01you can neatly define these
  • 54:04things such that you can say ah
  • 54:07priority that there is no.
  • 54:09Biological.
  • 54:13No biological connection with
  • 54:16these these concepts, but yes,
  • 54:19the concepts are primarily cultural social.
  • 54:25Social concepts and categories and
  • 54:28whether or not they they map on to
  • 54:33biology is less important to me than
  • 54:37it than we have talked about it.
  • 54:41In the past, as part of our culture.
  • 54:44So perhaps with your
  • 54:46suggestion is if if we Child says I
  • 54:50am I am a I am a boy even though I
  • 54:53look like a girl I'm a I am a boy.
  • 54:56In fact that the fact that the child
  • 55:00perceives as such is more important than
  • 55:03whether or not you can find a gene that
  • 55:06dictates that this that this channel
  • 55:07who is an ** chromosome who identifies.
  • 55:12Now I look like this.
  • 55:16Maybe absolutely nothing to
  • 55:18be careful of. This is Mike
  • 55:22Mike. I don't know. I don't know if
  • 55:24I'm gonna ask Sam to chime in here.
  • 55:26The sound is coming out. Very strange.
  • 55:28I don't know if that's just my computer.
  • 55:30If Sam are you hearing that as well?
  • 55:32Yeah, I'm hearing it as well.
  • 55:33I would just try to meeting but I can
  • 55:35re coming back in real fast, yeah?
  • 55:40Let's let's try it again.
  • 55:41If you could do better,
  • 55:42like about 15 seconds to answer
  • 55:44the question that I raised.
  • 55:47Yeah, can you hear me better?
  • 55:49Yes, this sounds fine right?
  • 55:51Sorry yeah I don't know right?
  • 55:53I'm in my office.
  • 55:53Who knows what happens, right?
  • 55:56No, I think I think the answer is that
  • 56:00that children look children may say,
  • 56:05let me let me be careful when children
  • 56:09say something about their experience.
  • 56:11I am not saying that that is
  • 56:14definitive about who they are.
  • 56:16Or even should who they should be
  • 56:18or even who they are at this moment.
  • 56:20But we should take it seriously right?
  • 56:23And and and take it seriously to
  • 56:25the extent that it doesn't matter
  • 56:27to me so much what their what
  • 56:30their chromosomes are telling me.
  • 56:32I'm more concerned about what their
  • 56:34experience is telling me and and I
  • 56:37want to work through that because
  • 56:39that's going to tell me more about
  • 56:41how they're going to be able to
  • 56:43live their lives going forward.
  • 56:45And again, it may be that.
  • 56:4750% of these children
  • 56:51quote UN quote flip back or whatever,
  • 56:53right and and no longer have any can.
  • 56:56Gender, gender differentiation,
  • 56:57or gender dysphoria or whatever kind
  • 56:59of term you want to use now, is it?
  • 57:02It doesn't matter to me at the moment
  • 57:05that they're experiencing this. This.
  • 57:10This way of viewing themselves,
  • 57:12it matters, and then we have to work on it.
  • 57:15It doesn't mean that I'm going to stick
  • 57:17puberty suppression drugs in that moment,
  • 57:18right? I mean, nor should we.
  • 57:21But it does mean that I now need
  • 57:24to be thinking medically and
  • 57:27socially about how how the next,
  • 57:30how the, how the next steps will be,
  • 57:32and how we're going to help this child
  • 57:35work through this and live their lives,
  • 57:36right? So
  • 57:38so I think one of the one of the
  • 57:40fears that many informations.
  • 57:41Have or some physicians may have is that
  • 57:43we will, unless fears we live there,
  • 57:45there is that we will make a mistake.
  • 57:46And of course the biggest mistakes
  • 57:48that we make as physicians are
  • 57:51mistakes that can't be reversed.
  • 57:53So, so I've often told my trainees
  • 57:55or students that you know if you
  • 57:56come to a fork in the road and
  • 57:58you're really not sure which path to
  • 58:00take and you're completely stumped.
  • 58:02And one seems equally good or equally
  • 58:04bad to the other and you have to
  • 58:06make a choice in that situation.
  • 58:07You're probably well advised to
  • 58:09make the choice that's most easily
  • 58:11reversed in case you get it wrong.
  • 58:13This gets to I'm fascinated by a
  • 58:15significant disparity in when you
  • 58:16talked about the assistance when
  • 58:18you said it could be as high as 80%,
  • 58:20but even if we say it was lower,
  • 58:21it was 50% right there was that.
  • 58:24And yet,
  • 58:25adults who had gender affirming treatment,
  • 58:28you give us a number that's less than 1%.
  • 58:30Yes, yes.
  • 58:31How do you reconcile these two very
  • 58:33different pieces of information?
  • 58:35Well, I mean, hey, we're capturing that
  • 58:37data at very different times, right?
  • 58:39And so the the adult is an adult and
  • 58:43their neurobiological development is is
  • 58:46such that it's probably a more complete.
  • 58:51That you know then the child and and
  • 58:53their experiences in life are more solid,
  • 58:55so that they're that that.
  • 58:58They probably are also able to situate.
  • 59:04Their transgender identity.
  • 59:05Within the full scope of a larger range
  • 59:09of experiences that they've had in life
  • 59:12and think through that and thus come to.
  • 59:15A certain comfort and and
  • 59:18and solidity with that idea,
  • 59:20children are still working through it.
  • 59:22And again I think to to the
  • 59:24point of of right the the least,
  • 59:27the the the most reversible
  • 59:30or the least impactful.
  • 59:32Yeah, I think that's why
  • 59:34you start with things like.
  • 59:36Mental health support then maybe
  • 59:39puberty suppression right?
  • 59:41And so?
  • 59:42Because these go reversible you don't
  • 59:44go straight to surgery and it's why
  • 59:47we argue in most ethics cases you
  • 59:49know we wouldn't do surgery until
  • 59:52they're able to make decisions
  • 59:54for themselves by law and by and
  • 59:56hopefully by neuro development, right?
  • 59:58So, so that's it's not that.
  • 01:00:01It's entirely up to date,
  • 01:00:02but most for most minors it is
  • 01:00:05because of that.
  • 01:00:07And for that very reason,
  • 01:00:08for the very reason that you give work,
  • 01:00:10thank
  • 01:00:10you. Thank you. So next question.
  • 01:00:12The wording of the safe law was interesting
  • 01:00:15because how how do they determine the
  • 01:00:18child's biological gender to decide
  • 01:00:20what procedures go against that gender,
  • 01:00:22especially for intersex children,
  • 01:00:24would this also prevent us from safe
  • 01:00:27prescribing spironolactone to SIS males,
  • 01:00:29which we do because it could cause
  • 01:00:31a side effect of breast growth?
  • 01:00:34Yeah, it's an egg.
  • 01:00:35It's an excellent question,
  • 01:00:36and of course it's a law.
  • 01:00:37Written by people who don't necessarily
  • 01:00:40have all the all the medical and
  • 01:00:42scientific background and so right it it.
  • 01:00:45It loses all the nuances so so the moment
  • 01:00:49you, you're absolutely right, the law,
  • 01:00:51if I remember correctly and forgive me,
  • 01:00:52I don't have it right up in front
  • 01:00:53of me right now, but a lot just
  • 01:00:55just talks about the difference.
  • 01:00:57The difference being
  • 01:00:58gender and biological sex.
  • 01:01:00And those are and biological sex is is
  • 01:01:04defined as of as your as your sex at birth.
  • 01:01:08Right, it doesn't get into ** XY,
  • 01:01:11XXY, it does right?
  • 01:01:12It doesn't get into all of that,
  • 01:01:14and so it it lacks that ability
  • 01:01:17to recognize that there are.
  • 01:01:19There's right,
  • 01:01:20there's all shades of color, right?
  • 01:01:22It's not just black and white,
  • 01:01:23and and and so the law, I think,
  • 01:01:26is is unable to speak to that clearly.
  • 01:01:28And so then, what do you get into that?
  • 01:01:30The implication in this question, right?
  • 01:01:32Is you get into interpretations that are
  • 01:01:34going to have to be made at the court level.
  • 01:01:37And now you're, you know.
  • 01:01:38Now you're going to court for all
  • 01:01:40these other kinds of conditions.
  • 01:01:42Because of that,
  • 01:01:43that could become questionable, right?
  • 01:01:46I mean,
  • 01:01:46that's the challenge.
  • 01:01:48Whenever you turn these kinds of
  • 01:01:49things into laws and regulations.
  • 01:01:52Thank you next a comment and then.
  • 01:01:56Question so the comment was it sounds
  • 01:01:57a lot like how we view pregnancy.
  • 01:01:59This was regard, I think to not not an
  • 01:02:03illness or injury but and and then the.
  • 01:02:06The questioner says Doctor Dan Aaron
  • 01:02:08staffed writes the GID should have
  • 01:02:11been referred to as GE D because all
  • 01:02:14that was needed was incongruent.
  • 01:02:15Gender expression.
  • 01:02:16For example, femininity and boys,
  • 01:02:19the 85% of disasters with the flawed
  • 01:02:23diagnostic criteria were proto Gay.
  • 01:02:25How does this align with your thoughts?
  • 01:02:27On the diagnostic criteria,
  • 01:02:28maybe you can help explain
  • 01:02:30some of this as well.
  • 01:02:32I probably cannot so.
  • 01:02:36So the problem. So let me I'm going
  • 01:02:38to step back 'cause I'm not sure I
  • 01:02:40can answer this question directly.
  • 01:02:42I'm not sure I'm smart enough,
  • 01:02:43but but let me step back and say this and and
  • 01:02:46maybe it'll get out a little bit of this.
  • 01:02:48The issue with the desistance research
  • 01:02:51is just this issue of definition.
  • 01:02:54What counts as what counts as the
  • 01:02:57the condition of what condition
  • 01:03:00are we wondering about persisting?
  • 01:03:03And and what would it mean, then,
  • 01:03:05to desist right? So if the so.
  • 01:03:09So if we are talking about a
  • 01:03:11wide range of conditions,
  • 01:03:13not all of which are the identity of of.
  • 01:03:18Of say, assist female identifying
  • 01:03:22then as trans male, right?
  • 01:03:26And just does kind of set of
  • 01:03:28conditions and and one might think
  • 01:03:30quote UN quote vice versa right if
  • 01:03:32that's the set of conditions only
  • 01:03:34and then ask does that persist?
  • 01:03:36That's a different question
  • 01:03:38than do people have.
  • 01:03:40Do people do kids have a wide
  • 01:03:43range of non gender conforming?
  • 01:03:47Quotes right non gender conforming
  • 01:03:49experiences and do those persist overtime?
  • 01:03:52Because the answer is.
  • 01:03:54A lot of kids have non gender
  • 01:03:57conforming experiences that
  • 01:03:59don't persist overtime right?
  • 01:04:01And so then the number gets really big 8587%.
  • 01:04:05Those kinds of things if
  • 01:04:06that's what this is part of,
  • 01:04:07what the arguments were in those who don't,
  • 01:04:10who think the research was
  • 01:04:12bad is the definitions,
  • 01:04:13and all the things that fell under it don't
  • 01:04:17really capture the set of conditions that.
  • 01:04:21That matter to most of us,
  • 01:04:22because most of us actually have
  • 01:04:25those kinds of experiences.
  • 01:04:26One sort or another, and then,
  • 01:04:27depending on what you're capturing.
  • 01:04:29Of course they don't persist,
  • 01:04:31but if you're if you're wondering
  • 01:04:34more about do transgender experiences
  • 01:04:36and identity persist?
  • 01:04:38And that's narrowly defined,
  • 01:04:40it probably does persist much more.
  • 01:04:42This then gets back to your other
  • 01:04:44to your other point.
  • 01:04:45Mark that that if that persists
  • 01:04:50more overtime.
  • 01:04:51It probably also helps explain why
  • 01:04:54those who do fully transition later
  • 01:04:57in life aren't comfortable with that
  • 01:05:00comfortable with that move right
  • 01:05:02now. Thank you.
  • 01:05:04So this is a bit of a story,
  • 01:05:06but one one I'll share here.
  • 01:05:08I found it and share the HMS Center for
  • 01:05:11Bioethics Community Ethics Committee.
  • 01:05:13I assume that's Harvard Medical School.
  • 01:05:15We have prepared a report on medical
  • 01:05:18management of pediatric gender dysphoria,
  • 01:05:20and I would be glad to
  • 01:05:21make it available to you.
  • 01:05:22We had several questions,
  • 01:05:23but two come to mind in this context.
  • 01:05:26First gender dysphoria services should
  • 01:05:28provide a quote offramp End Quote.
  • 01:05:32When patients are uncertain rather than
  • 01:05:34finding themselves in a program with a
  • 01:05:37strong bias or pressure to continue.
  • 01:05:392nd, we agree with the Arkansas
  • 01:05:42conclusion that surgery should be made
  • 01:05:44available after the patient reaches
  • 01:05:4618 to acknowledge and protect real
  • 01:05:49quote informed consent and quote.
  • 01:05:51We conclude it.
  • 01:05:52Yeah, I mean, yeah,
  • 01:05:53we concluded that every patient
  • 01:05:56receiving gender management
  • 01:05:57services is in participating,
  • 01:05:58is participating in an experiment.
  • 01:06:02Is in participating.
  • 01:06:03I assume that meant is
  • 01:06:04participating in an experiment.
  • 01:06:05We agreed to take on this topic
  • 01:06:07after I spent several hours
  • 01:06:09with a mom who shared with me.
  • 01:06:11She never set out to be a chance.
  • 01:06:12Denver advocate,
  • 01:06:13but she concluded she would
  • 01:06:14either need to advocate for her
  • 01:06:16daughter or grieve her dead son.
  • 01:06:19Thank you.
  • 01:06:21So I appreciate this Karelitz.
  • 01:06:23Thank you for the for the question or story.
  • 01:06:28Look, I so I agree with the off
  • 01:06:30ramp and I agree that we do have
  • 01:06:33to be careful of bias and whatever
  • 01:06:35that you know it's it's hard to be.
  • 01:06:37There's no such thing as kind of pure non
  • 01:06:39bias or pure nondirective medical care,
  • 01:06:42but but to the extent that we can be
  • 01:06:44open to allowing children to share with
  • 01:06:47us their experiences to support them
  • 01:06:50in that and supportive as that changes
  • 01:06:53overtime and if it changes to give them
  • 01:06:56the support too as it offering it as it were.
  • 01:06:59I think that's really important
  • 01:07:00and that becomes something that you
  • 01:07:02have to build not just in policy,
  • 01:07:04but also part of your culture, right?
  • 01:07:06I mean, you just got it.
  • 01:07:07You got to keep doing that. Now.
  • 01:07:08Of course we should do that in all care,
  • 01:07:10but it's it is particularly heightened.
  • 01:07:13And and concerning in these cases,
  • 01:07:15so fair enough.
  • 01:07:17Again, I ethically,
  • 01:07:19I think because the surgery is is.
  • 01:07:26I essentially irreversible.
  • 01:07:27I mean, you can reverse in weird ways,
  • 01:07:30but but it wouldn't be.
  • 01:07:31Then you wouldn't be going back to baseline,
  • 01:07:33as it were right with reverse
  • 01:07:35ability because it's that because
  • 01:07:36that's true in the surgery.
  • 01:07:38Yes, I think for the most part
  • 01:07:40we we should wait now Chris,
  • 01:07:41remember it's not like informed
  • 01:07:43consent becomes something great.
  • 01:07:44At 18 years old and and so I
  • 01:07:47wouldn't make that.
  • 01:07:48The reason I think what we have
  • 01:07:50to acknowledge and Laney Ross is
  • 01:07:52good about this at the University
  • 01:07:54of Chicago we acknowledge that
  • 01:07:5518 is is the socially accepted.
  • 01:07:57Legal fact of when people become
  • 01:07:59adults in most states except
  • 01:08:01Nebraska where it's 19 right and
  • 01:08:03and and because that's the social
  • 01:08:05consensus we're gonna ride with it.
  • 01:08:08But we shouldn't fool ourselves into
  • 01:08:10thinking that somehow informed consents
  • 01:08:11better at 18 than it was at 17,
  • 01:08:13and it just it just has more legal weight.
  • 01:08:17And OK.
  • 01:08:18So be it.
  • 01:08:19I mean, at some point we do again have
  • 01:08:20to make distinctions for purposes.
  • 01:08:22This is a legal purpose.
  • 01:08:23Then we make that distinction.
  • 01:08:25That's fair enough.
  • 01:08:27And then, uh. So I don't agree.
  • 01:08:32However, I'm not sure that.
  • 01:08:34I I don't agree that we're
  • 01:08:37participating in experiment.
  • 01:08:40Or at least, I don't think rhetorically,
  • 01:08:42that's the way to to describe it,
  • 01:08:44because I think it's misleading.
  • 01:08:46Weird, we're doing things we know.
  • 01:08:50We know their effects in
  • 01:08:52their outcomes in many ways,
  • 01:08:53and certainly as well as we do in
  • 01:08:56many other aspects of pediatric
  • 01:08:58standard medical care.
  • 01:08:59The thing that makes it experiment
  • 01:09:01as it were, is is that.
  • 01:09:06The children themselves do change
  • 01:09:07over time and we don't know
  • 01:09:09where that's leading us, right?
  • 01:09:10That?
  • 01:09:11That development means that if
  • 01:09:13we start this at 10 or 12 and
  • 01:09:17start doing some support there,
  • 01:09:19it may not end where,
  • 01:09:20where,
  • 01:09:21where we think the natural
  • 01:09:23trajectory would take us
  • 01:09:24right? Which is we start?
  • 01:09:27We start transgender care at at 11 or 12.
  • 01:09:30We do some support that
  • 01:09:33mental health support.
  • 01:09:34We give them pretty suppression.
  • 01:09:36Maybe some hormones laid in their
  • 01:09:39teens and all of that's on a
  • 01:09:41trajectory that they will eventually
  • 01:09:43continue and maybe fully transition
  • 01:09:45when they become adults, right?
  • 01:09:48That's the trajectory and the
  • 01:09:50experiment is insofar as maybe they
  • 01:09:52may be a number of them off ramp.
  • 01:09:54And don't go that way, right?
  • 01:09:57That's the experiment,
  • 01:09:58but that's not unusual in any
  • 01:10:00pedia in many pediatric cases,
  • 01:10:02'cause kids are always developing,
  • 01:10:03and they're always developing
  • 01:10:04in all sorts of ways.
  • 01:10:05And and we try this in.
  • 01:10:07It in all sorts of different
  • 01:10:09aspects of kids lives,
  • 01:10:10and it doesn't go the way
  • 01:10:12we think it's going to.
  • 01:10:13That's the only way I would use
  • 01:10:15the term experiment otherwise.
  • 01:10:17I mean,
  • 01:10:17we know how puberty spreadsheet works.
  • 01:10:19We know how the hormones work.
  • 01:10:21I mean, we're not.
  • 01:10:22We're not just throwing things at
  • 01:10:23a wall and seeing if it sticks,
  • 01:10:24so I, I and I just fear the
  • 01:10:26rhetoric of experimentation.
  • 01:10:28Has that has that sense.
  • 01:10:29But
  • 01:10:30yeah, I I think that it's
  • 01:10:32interesting because experiment is
  • 01:10:33is a word in common English usage,
  • 01:10:35and it means something different.
  • 01:10:36I think the people who actually
  • 01:10:38do experiments for a living.
  • 01:10:39Or who read about experiments
  • 01:10:40and then people say, well,
  • 01:10:42this is experimental,
  • 01:10:42so I think it's helpful whenever
  • 01:10:44someone says something like that to
  • 01:10:46actually define what is meant when
  • 01:10:48they say something is experimental,
  • 01:10:49what exactly,
  • 01:10:50how exactly they define an experiment?
  • 01:10:54Every treatment that we give a patient,
  • 01:10:56even if it's a well proven treatment,
  • 01:10:58it is for that patient and experiment,
  • 01:11:00which is to say it may or may not
  • 01:11:02work for that particular patient.
  • 01:11:03It doesn't necessarily mean the same
  • 01:11:05thing as being part of a clinical trial,
  • 01:11:08that's that's something a bit different.
  • 01:11:12The last point though,
  • 01:11:13that that that that that last comment I made,
  • 01:11:15which was an important one,
  • 01:11:16is something you alluded to in
  • 01:11:17terms of advocating for her daughter
  • 01:11:19or grieving for her dead son.
  • 01:11:20I mean, I thought that that was
  • 01:11:22that parents and then therefore,
  • 01:11:24and therefore this question of Carol powers.
  • 01:11:26I thought those are very powerful
  • 01:11:28words that again make the point that
  • 01:11:31there's such a significant risk of
  • 01:11:33of depression and and suicidal you
  • 01:11:35referred to suicidal ideations.
  • 01:11:37Do you have any data for specifically on
  • 01:11:40suicide suicide numbers for these kids?
  • 01:11:42Suicide numbers I had some and I have to
  • 01:11:45admit I don't have them right off the
  • 01:11:47top of my head right now at the right
  • 01:11:49the ID Asian is in like the 50% range.
  • 01:11:52Suicides themselves is at least I
  • 01:11:54if I remember, it's at least twice,
  • 01:11:57but it may be three times the national
  • 01:12:00average in teens for suicide itself,
  • 01:12:03but but ideations, it's like 4 two.
  • 01:12:06It's it's like three to four
  • 01:12:09times just ideational
  • 01:12:10wow. I mean that's gotta.
  • 01:12:12You would think that that would even
  • 01:12:13the folks who were very skeptical think
  • 01:12:14that would get people to stand up as
  • 01:12:16one of those considerations as we try
  • 01:12:17to make make these kids lives better.
  • 01:12:21You know, as they as they face
  • 01:12:23their lives the next please.
  • 01:12:25Even though the courts have suspended
  • 01:12:27enactment of state statutes,
  • 01:12:28clinical providers including
  • 01:12:29those in Arkansas,
  • 01:12:30have dramatically restricted
  • 01:12:32or suspended access to gender
  • 01:12:34affirming medical treatments,
  • 01:12:35essentially supporting the intent
  • 01:12:37of the legislation.
  • 01:12:38Given some of the arguments
  • 01:12:40you've made this afternoon,
  • 01:12:41can you please comment on the ethical
  • 01:12:44responsibility medical providers may have?
  • 01:12:46To continue or even initiate gender
  • 01:12:48affirming medical treatments in the
  • 01:12:50face of statutes that make it illegal.
  • 01:12:53So I so excellent question.
  • 01:12:56This is something I have been
  • 01:12:58wrestling with a lot because the
  • 01:13:00two institutions I work for have.
  • 01:13:03I have wrestled with this and and asked
  • 01:13:05me an occasion and let me just add in
  • 01:13:08something that's even more interesting.
  • 01:13:10Insofar as, right, Arkansas has the law,
  • 01:13:12and though it's currently
  • 01:13:13suspended by the courts,
  • 01:13:15it it does stand on our books so you
  • 01:13:17can at least understand that the the
  • 01:13:19kind of specter of of of concern, right?
  • 01:13:23Texas, Dallas Dallas Children
  • 01:13:26is the one of the premier.
  • 01:13:30Gender clinics in the country.
  • 01:13:32For for kids closed down even before a
  • 01:13:35law was passed because they saw they saw
  • 01:13:38the writing on the wall and and so right.
  • 01:13:41I mean so this is a really difficult,
  • 01:13:44important question about what should
  • 01:13:46medical providers do in the face
  • 01:13:49of this and you know, are there?
  • 01:13:51Do we need a little civil disobedience
  • 01:13:53or you know those kinds of things?
  • 01:13:56Look, I I have to say that.
  • 01:14:00I've struggled with this and
  • 01:14:02I would say that I I would.
  • 01:14:05I would be supportive of anybody who does,
  • 01:14:07but I completely understand as a
  • 01:14:10pragmatic fact why people don't the the
  • 01:14:14law would take your licensure away.
  • 01:14:17Period,
  • 01:14:17it would just take it away and you
  • 01:14:19wouldn't be a physician anymore.
  • 01:14:21And uh and UAMS as as a state as the state.
  • 01:14:25Only academic Medical Center and a
  • 01:14:28state funded Medical Center would
  • 01:14:30lose its funding and and and.
  • 01:14:33Right and and and jeopardize its
  • 01:14:36status as an academic Medical
  • 01:14:39Center in in the state period.
  • 01:14:42And it's again.
  • 01:14:42It's the only one,
  • 01:14:44so there are pragmatic reasons that
  • 01:14:46unfortunately work against it and
  • 01:14:47and the legislature knows that right?
  • 01:14:49And so it takes advantage of that
  • 01:14:51when you want to pass a law like this,
  • 01:14:54and so I get it, I that is, I don't.
  • 01:14:58I don't begrudge people for not
  • 01:15:01having for not.
  • 01:15:03Define the law should the law
  • 01:15:06come into place.
  • 01:15:07I do think we should push back on
  • 01:15:10the wall absolutely and we have,
  • 01:15:13you know the medical society and others
  • 01:15:15have certainly done all the lobbying.
  • 01:15:18You know that one can do,
  • 01:15:19and and we've had rallies and
  • 01:15:21and other things like that in
  • 01:15:22this state about all of this.
  • 01:15:24And we tried to convince the
  • 01:15:25governor to veto.
  • 01:15:26But in fact what happened was
  • 01:15:28his veto was overridden.
  • 01:15:29That's how strong the majority
  • 01:15:31is in our state legislature.
  • 01:15:32So you know, there's.
  • 01:15:36So yes,
  • 01:15:37I would be supportive of anybody who did.
  • 01:15:39I don't know that I could argue that
  • 01:15:41they have to write that that that they
  • 01:15:44have some significant obligation to
  • 01:15:46have to because of other obligations.
  • 01:15:48Well,
  • 01:15:48they might have an obligation to,
  • 01:15:50but it don't know that it's the
  • 01:15:52winning obligation 'cause they have
  • 01:15:54other obligations to fulfill as well.
  • 01:15:56And that's that's a.
  • 01:15:57That's a tragic part of the moral life
  • 01:15:59that we can't always have at all.
  • 01:16:00In it. I trust me, I've gone to bed.
  • 01:16:02Kind of sick about this after
  • 01:16:04different meetings, but I don't.
  • 01:16:06Yeah, I don't have a strong
  • 01:16:08enough argument to say yes.
  • 01:16:10We just defied a long ago. Thank you.
  • 01:16:14I particularly like the
  • 01:16:16analogy to cosmetic surgery.
  • 01:16:17Has anyone ever tried to
  • 01:16:19bend any of these procedures?
  • 01:16:22Yeah, yeah. I mean,
  • 01:16:24it's certainly physicians right?
  • 01:16:25Different physicians in health care
  • 01:16:27have talked about the idea that
  • 01:16:30cosmetic surgery doesn't really fall
  • 01:16:33under the umbrella of medicine,
  • 01:16:36and so some people have tried
  • 01:16:37to talk that way and that it's
  • 01:16:39sure you get medical training,
  • 01:16:41but that's that's a that's a.
  • 01:16:43That's a weird fact of what you
  • 01:16:44need to do to be able to do this,
  • 01:16:46but it turns out that cosmetic
  • 01:16:47surgery really isn't medicine,
  • 01:16:49but that's actually a minority opinion,
  • 01:16:50right? I mean, for the most part,
  • 01:16:52people, people believe it is medicine.
  • 01:16:55It's not central to medicine.
  • 01:16:57It's not the illness and injury
  • 01:16:59fixing or whatever.
  • 01:17:00But it's still part of medicine
  • 01:17:02because it because it falls under the
  • 01:17:04skills and and expertise in medicine.
  • 01:17:07And so right?
  • 01:17:08I have people tried to ban the
  • 01:17:10procedures of of cosmetic surgery.
  • 01:17:12Some people certainly have argued
  • 01:17:14ethically like things like when
  • 01:17:16patient or person comes to you
  • 01:17:18and wants their tongue split or
  • 01:17:20something like that that some
  • 01:17:22some practitioners will say no.
  • 01:17:25I don't do that,
  • 01:17:26but they don't necessarily then rolling
  • 01:17:28insane all cosmetic surgeries off the table,
  • 01:17:31right?
  • 01:17:31They say,
  • 01:17:32here's a procedure and for me I
  • 01:17:34won't do it right and they don't even
  • 01:17:37begrudge other people doing it necessarily.
  • 01:17:40So it's interesting that we do regret
  • 01:17:42other people giving transgender care.
  • 01:17:44Sometimes right so I I doubt.
  • 01:17:48I do think there's something to learn
  • 01:17:50about how we look at other subspecialties.
  • 01:17:53Specialties and subspecialties.
  • 01:17:55Thank you next question.
  • 01:17:57Some states allow abortion for
  • 01:17:59teenagers without parental approval.
  • 01:18:01In that same legal framework
  • 01:18:03that created those laws be
  • 01:18:05applied to trans affirming care.
  • 01:18:07So this is. This is why I have that,
  • 01:18:10you know. And in that bullet point
  • 01:18:12on that next last slide I said I'm
  • 01:18:15still rethinking all of this in terms
  • 01:18:17of whether or not I think parents,
  • 01:18:19whether or not parents say should go,
  • 01:18:21or whether or not children can
  • 01:18:23make the decision for themselves.
  • 01:18:26I mean one, it's going to be a
  • 01:18:27developmental thing. I don't.
  • 01:18:28I don't think any 88 year old should
  • 01:18:29make almost any decision for themselves,
  • 01:18:31their deficits.
  • 01:18:32And I love my three children.
  • 01:18:34They were doofuses at 8 years old.
  • 01:18:35Most medical decisions.
  • 01:18:36I wouldn't let them make period,
  • 01:18:38but right as they get older,
  • 01:18:40you want you want to acknowledge and
  • 01:18:43and even support their developing
  • 01:18:45autonomy in those kinds of things.
  • 01:18:47But the question is,
  • 01:18:49is the analogy to things like reproductive
  • 01:18:51health or abortion or something?
  • 01:18:54Does that analogy hold?
  • 01:18:56Do this and I think it might,
  • 01:18:58but I haven't what I haven't been able
  • 01:19:00to do is fully wrap my head around the
  • 01:19:03kind of ethical normative principle
  • 01:19:05that that that would make it acceptable for,
  • 01:19:12say,
  • 01:19:13the 14 year old to ask for gender
  • 01:19:16affirming care him her themselves.
  • 01:19:20In absence of their parents,
  • 01:19:22I just haven't I.
  • 01:19:23I tried to think about it for this
  • 01:19:26talk and I just I couldn't come to
  • 01:19:28that principle confidently yet.
  • 01:19:31And that's why it's still open
  • 01:19:32question for me.
  • 01:19:33I might get there,
  • 01:19:34but I haven't gotten there yet.
  • 01:19:36But but yes,
  • 01:19:37your question.
  • 01:19:38Your questions in the right line,
  • 01:19:40that is is there.
  • 01:19:42Is there a set of conditions or
  • 01:19:45kind of both practical and normative
  • 01:19:49conceptual umbrella under which.
  • 01:19:51We could say no.
  • 01:19:52This is for teens to do, and it's not.
  • 01:19:54It's not actually like
  • 01:19:55the mature minor doctrine.
  • 01:19:57That's not why,
  • 01:19:57for example,
  • 01:19:58we let reproductive health questions
  • 01:20:00fall in the hands of teenagers.
  • 01:20:02It's not because we think they're somehow
  • 01:20:04mature about that and not these other things.
  • 01:20:06It it's something else.
  • 01:20:07It's the stigma, it's the.
  • 01:20:09It's the protection of long term interests.
  • 01:20:11It's those kinds of things and and I think
  • 01:20:13there may be some similarities here.
  • 01:20:15I just don't have it all worked out
  • 01:20:16well. I think some of that just comes
  • 01:20:18down to the the, the the sense that.
  • 01:20:20For things and it gets to pregnancy.
  • 01:20:23Sexually transmitted the disorders
  • 01:20:25right or or even psychiatric issues.
  • 01:20:27The sense that that children
  • 01:20:29are best served by these laws,
  • 01:20:31which is to say that kids
  • 01:20:32might not seek out the help.
  • 01:20:33They very much need if without this
  • 01:20:36protection if they were required
  • 01:20:37to get their parents permission.
  • 01:20:39I'd rather not tell my parents
  • 01:20:41that I have this disorder than
  • 01:20:43or that I have this problem then
  • 01:20:45seek treatment for it, you know.
  • 01:20:48Right, and again,
  • 01:20:49does that fully capture how trans
  • 01:20:52transgender affirming care works?
  • 01:20:55I I just don't know.
  • 01:20:56I mean, like I said it,
  • 01:20:58may I just don't want to go
  • 01:20:59on record until I thought?
  • 01:21:00Is that fair enough?
  • 01:21:02So this is an interesting question.
  • 01:21:03How does the safe law affect intersex kids?
  • 01:21:09So it it has a it has a carve out for kids
  • 01:21:14who are born with ambiguous genitalia.
  • 01:21:18And those kinds of situations.
  • 01:21:20Now you know what constitutes intersects.
  • 01:21:22Of course, itself is still a not a perfectly
  • 01:21:26defined concept but but there are some
  • 01:21:30carve outs for situations like that, right?
  • 01:21:32But of course, what does that mean?
  • 01:21:34What's very interesting to what that
  • 01:21:36means is it is possible in theory,
  • 01:21:39then per the safe law that
  • 01:21:43somebody born XY but with.
  • 01:21:48Micro penis and the parents decide
  • 01:21:52it's safer and better to surgeries
  • 01:21:55them into it into a vagina and
  • 01:22:00treat them as as as a female.
  • 01:22:04It's not clear that the that the safe law
  • 01:22:07would have a problem with that and yet.
  • 01:22:10It's against the biological sex per
  • 01:22:13their own definition of you know.
  • 01:22:15And so yeah,
  • 01:22:16there's also. There are also
  • 01:22:18those who would who would ban the
  • 01:22:20surgery for intersex conditions as
  • 01:22:22well. Absolutely, absolutely.
  • 01:22:23But that's a flaw.
  • 01:22:25The safe law itself doesn't
  • 01:22:28does not. It's really interesting,
  • 01:22:31so here's something that, of course,
  • 01:22:32is very front and center on this question,
  • 01:22:35which is about the area of sports.
  • 01:22:37Should the primary basis criteria
  • 01:22:39for qualifying in competition?
  • 01:22:41Should it be biological and
  • 01:22:43not on the basis of gender?
  • 01:22:45Can you give your thoughts about this?
  • 01:22:48Had see I tried to avoid this in the time.
  • 01:22:51He almost made it
  • 01:22:53626. I know, I know.
  • 01:22:54If I just if I just stole
  • 01:22:56logging a fine, no look.
  • 01:23:00This is a worldview issue and
  • 01:23:02I can't say that I have all the
  • 01:23:06parts worked out. To my mind.
  • 01:23:11It is. To my mind,
  • 01:23:15I am just fine with transgender women.
  • 01:23:19Can't translated women competing as
  • 01:23:21women in women's sports because again,
  • 01:23:25we need to think about what the
  • 01:23:28category and the categories were
  • 01:23:30designed for in the 1st place.
  • 01:23:32And it's not. I mean, heck,
  • 01:23:34half the time I don't understand,
  • 01:23:35for example, why, in curling, curling.
  • 01:23:39Do we have a male and female?
  • 01:23:44Curling and then when they get together,
  • 01:23:47it's mixed, right?
  • 01:23:48Is it is there somehow?
  • 01:23:50If if you argue that somehow the
  • 01:23:54difference biologically between
  • 01:23:55men and women and curling.
  • 01:23:58Makes a difference I I just
  • 01:24:00called ******** on that.
  • 01:24:01I mean, I just do it, just that.
  • 01:24:04So so the problem is we create these
  • 01:24:07divides for for long health social
  • 01:24:11reasons about the division between
  • 01:24:15men and women and and these kinds
  • 01:24:18of these are cultural reasons.
  • 01:24:19They're not.
  • 01:24:21They're not tide,
  • 01:24:23they're not necessarily
  • 01:24:25tide to biology and stuff.
  • 01:24:27Yes,
  • 01:24:28biology and genetics have a say in many
  • 01:24:31different kinds of athletic endeavors.
  • 01:24:33No question about it.
  • 01:24:35But in point of fact,
  • 01:24:37Lea Thompson,
  • 01:24:38who just won several but not all by the way,
  • 01:24:42when several championship NCA
  • 01:24:44Swimming Championships this past week.
  • 01:24:49Actually her time was slower than Missy
  • 01:24:54Franklin, time from several years back,
  • 01:24:56or Kayla Dekese from several years
  • 01:24:58back and no one questioned whether
  • 01:25:01they were women, right? And so it is.
  • 01:25:06It's simply not the case that
  • 01:25:08simply because you were born with
  • 01:25:12certain genetic characteristics,
  • 01:25:13that you are necessarily going
  • 01:25:15to be quote UN quote,
  • 01:25:16better at sports than than.
  • 01:25:21Other people in this category.
  • 01:25:23If if other people in this category
  • 01:25:26also had certain genetic conditions
  • 01:25:28that may be different than yours,
  • 01:25:30but there may be certain genetic
  • 01:25:32conditions that make them stronger.
  • 01:25:33Secretary this is, I mean no disrespect,
  • 01:25:36but I just think this is
  • 01:25:38an interesting thing.
  • 01:25:38And again,
  • 01:25:39nobody cared because it was horse racing.
  • 01:25:41But Secretary had a had a heart
  • 01:25:44twice as large as the standard
  • 01:25:46normal heart for a horse.
  • 01:25:49And it gave him, you know,
  • 01:25:51the ability that the kind of
  • 01:25:54cardiovascular ability to just pump
  • 01:25:56oxygen and everything and run like bad.
  • 01:25:59And everybody said, wow,
  • 01:26:00that's great, that's right.
  • 01:26:02So what is it?
  • 01:26:04Which condition are you worried
  • 01:26:06about so much that you're that
  • 01:26:08you're worried about this?
  • 01:26:10If we're going to divide the world
  • 01:26:13of sports between men and women?
  • 01:26:16Trans and sis just don't matter to me.
  • 01:26:21That's but again, I I get why people
  • 01:26:24are frustrated by it that we have to
  • 01:26:27acknowledge that there's there are
  • 01:26:29reasons people are frustrated by it.
  • 01:26:31I just don't think they hold up.
  • 01:26:35Hey Micah, we've come to the
  • 01:26:36end of our time at 6:30.
  • 01:26:38Any final thoughts you wanna share?
  • 01:26:42Well, no, I mean, not, not necessarily.
  • 01:26:44I think these were great questions and
  • 01:26:46all that, so I I really appreciate it.
  • 01:26:49But I I think I wanna just say in general,
  • 01:26:51thank you for just allowing
  • 01:26:52this conversation to happen.
  • 01:26:54It is and it is an important conversation
  • 01:26:56wherever you come down on it.
  • 01:26:58Though if you're willing to
  • 01:27:01listen and talk about it.
  • 01:27:03So we've got. That's a good.
  • 01:27:05That's a good space.
  • 01:27:06Look, I I don't ever believe that everyone is
  • 01:27:09going to agree with me or anything like that,
  • 01:27:12but if people will engage me,
  • 01:27:13I promise to engage you.
  • 01:27:15And I think that makes for much
  • 01:27:19better outcomes down the line.
  • 01:27:21So thank you all for listening.
  • 01:27:23Mark, thank you for inviting me.
  • 01:27:25I'm honored to be a speaker for you all.
  • 01:27:28Karen, you are great help Sam.
  • 01:27:29What a great tech.
  • 01:27:30Love it all.
  • 01:27:31Thank you.
  • 01:27:31Thank you so much Mike.
  • 01:27:33And I would say there's a.
  • 01:27:33There's a couple people had
  • 01:27:35interesting questions and
  • 01:27:36comments which we didn't get to.
  • 01:27:37If you send them to us to Karen,
  • 01:27:40Karen can forward them to Mike and he
  • 01:27:41may be able to get back to you that way.
  • 01:27:43I'd be happy to answer.
  • 01:27:44Thank you so much Michael.
  • 01:27:45For a terrific evening and we'll be in touch.
  • 01:27:49And thank you folks very much.
  • 01:27:50We'll see you again in a couple of weeks.
  • 01:27:52Goodnight.
  • 01:27:53Take care everybody. Bye from Arkansas.