Pleasantville: How the “Myth of Binary” Harms Our (Trans) Children
March 28, 2022March 23, 2022
D. Micah Hester, PhD
Chair, Department of Medical Humanities & Bioethics
Clinical Ethicist (UAMS & Arkansas Children’s Hospital)
Information
- ID
- 7617
- To Cite
- DCA Citation Guide
Transcript
- 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.