Doctor Sues Texas Hospital Over Ban on Puberty-Blockers for Children

News of the lawsuit emerged just as major battles erupted over new laws and policies from Republican-controlled state governments. Texan governor Greg Abbott order the state's social services to investigate parents who encourage their children to identify as the opposite sex, calling it a form of child abuse.

A Texas doctor is suing a Dallas medical centre over its decision to end the controversial use of puberty-blocking drugs in children with gender-identity issues.

Dr Ximena Lopez took the University of Texas Southwestern (UTSW) Medical Centre to court after the affiliated Children's Medical Centre Dallas, a paediatric teaching hospital, told her in November 2021 to stop prescribing the drugs, along with hormone replacement therapy, to new patients at at her GEMECIS gender dysphoria clinic.

She claims the move is against the university's non-discrimination policy — on the basis of gender identity — and Texas state law.

"Someone, some entity, or some office is illegally attempting to interfere with or control Dr Lopez's independent medical judgment," the court filing from her lawyers claims.

But the UTSW Medical Centre pointed out that the its policy was merely to refer new patients seeking puberty blockers or so-called 'cross-sex' hormones to other clinics.

"Those new patients and their families seeking puberty blockers and hormone replacement therapy after diagnosis of gender dysphoria are now referred to an outside practice for this treatment," it explained in a statement.

Reports of the lawsuit emerged just as major battles erupted over new laws and policies from Republican-controlled state governments.

Florida's new Parental Rights in Education Act bans schools from teaching classes on sexual orientation from kindergarten through third grade (up to age nine), and limits discussion to "age-appropriate and developmentally appropriate" themes in older groups.

The law also requires teachers and other school staff to inform parents if their children express doubts about their gender. But it has been characterised as a "Don't Say Gay" law that outlaws teaching about homosexuality.

In February, Texan governor Greg Abbott instructed the Texas Department of Family and Protective Services to investigate parents who encourage their children to identify as the opposite sex, calling it a form of child abuse.

"Media attention and political and scientific controversy, as well as UT Southwestern’s status as a state agency, were considered in the months leading up to these joint decisions," the hospital's statement stressed. "UT Southwestern physicians provide paediatric care at Children’s Health facilities through our affiliation agreement."

Puberty-blocking drugs are used to treat precocious puberty, a condition that affects roughly one in 5,000 children — but is 10 times more prevalent in girls. It is defined as the onset of puberty before the age of eight for girls or nine for boys, and treatment is stopped soon after reaching those ages.

In recent years some doctors have begun to give those drugs to children who say they want to be a member of the opposite sex. But that has proved controversial and provoked legal challenges

The British High Court in London ruled in 2020 that children aged 13 were “highly unlikely” to be able to give consent for treatment and it was "doubtful" 14- and 15-year-olds possessed the necessary maturity to understand the long-term risks of gender reassignment treatment.

The judicial review case was brought by Keira Bell, who was prescribed puberty blockers by the Tavistock Clinic in London before she was 16, but later 'de-transitioned' after realising she no longer wanted to be a boy.

Other health professionals have pointed out that pointed out the human body goes through crucial development during puberty, including of the brain, and that long-term use of puberty-blockers leads to reduced bone mass.