On Monday, July 29, a High Court judge ruled that the ban on puberty blockers imposed by the previous UK government is lawful. The ban currently applies to England, Scotland and Wales and has been widely condemned by activists and experts.

Earlier in May, the previous Conservative government in the UK issued an emergency order to ban prescriptions of puberty blockers to trans youth, which was due to last from June 3 to September 3 this year. The order came in the wake of the controversial Cass Review, a nearly 400-page report on the state of trans healthcare, which attracted widespread criticism for its misapplications of the scientific method and for ignoring relevant studies supporting gender-affirming care.

The previous UK government’s decision to ban puberty blockers was challenged by advocacy group TransActual, together with a young person who cannot be named. They argued that the ban lacked rigour and was motivated by the personal views of former Health Secretary Victoria Atkins.

However, in the ruling handed down on July 29, Justice Lang ruled that Atkins had acted in accordance with the law and, thus, that the ban on puberty blockers was lawful. The judge stated that the UK government’s decision involved “the weighing of competing risks and dangers” and that the “courts should be slow to interfere.”

During a hearing that took place last month, the court heard that the ban has had “a very real human cost” on over 1,000 trans young people. Judge Lang acknowledged this by saying: “I recognise that the claimants’ evidence does show that this cohort has had difficulties in obtaining access to UK-registered GPs and mental health services since the order was made.”

However, she then added, “In my view, this is essentially an issue about achieving a successful implementation of the new scheme, not the lawfulness of the order. NHS England and the DHSC [Department for Health and Social Care] should consider how implementation can be improved as soon as possible, and in any event, before the next order is made.”

We’re deeply saddened to share that the High Court has upheld the government’s ban on puberty blockers.

We won’t stop fighting for the rights and dignity of young trans people, and we’re consulting on next steps. pic.twitter.com/FFE4OIjlM9

— Good Law Project (@GoodLawProject) July 29, 2024

The current Health Secretary Wes Streeting, who is understood to be planning to make the ban permanent, welcomed the ruling, saying that “Children’s healthcare must be evidence-led”. Streeting is part of the newly formed Labour government, with the party having increasingly come under fire for their stance on trans rights despite claiming to be pro-LGBTQ+.

The group TransActual condemned the High Court’s ruling and stated it would appeal. Chay Brown, director for healthcare at TransActual UK, said the case’s result was “disappointing” and leaned “heavily on the widely discredited Cass review.”

“The Cass review has been roundly dismissed by a range of experts in this area, including the world-class Yale School of Medicine,” Brown added. “They conclude that the review ‘repeatedly misuses data and violates its own evidentiary standards by resting many conclusions on speculation’.”

The judge has now given her ruling in the legal challenge against the puberty blocker ban. She has ruled that the ex Secretary of State did not ban blockers unlawfully. We are taking advice about the next steps in challenging the ban.https://t.co/EiiO5DcY80 pic.twitter.com/AuSwAUGDie

— TransActualCIC (@TransActualCIC) July 29, 2024

Brown continued, “We and our partners in the LGBTQ+ sector and beyond will continue working to advocate for the needs of trans people of all ages. The emergency ban will expire in September, and a consultation process is required to make any ban permanent. We will be strongly advocating for the voices of trans young people and their families to be listened to.

“If you’re trans, or you’re the parent or carer of a trans young person, talk to your MP and ask them to speak out against the ban,” Brown added. “To trans young people: you are loved and you are special. What is happening to your healthcare in this country is appalling, and we will keep working until all trans people can access the healthcare they need when they need it.”