Alberta invokes notwithstanding clause to stop court challenges of transgender laws
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The Alberta government has invoked the Charter’s notwithstanding clause to protect from legal challenge a trio of laws affecting transgender youth and adults.

The Alberta government has invoked the Charter’s notwithstanding clause to prevent court challenges to a trio of laws impacting transgender youth and adults.

The clause is part of a bill now before the house, and Premier Danielle Smith says the move is necessary to protect children’s health and well-being.

She says their health could be jeopardized if challenges to the laws are tied up in court for a long time.

The notwithstanding clause allows governments to override Charter rights if deemed necessary as a way to balance the authority of both politicians and the courts.

The clause relates to laws that put restrictions on student pronoun changes at school, on girls’ and women’s sports, and on medical therapies for young people looking to transition.

Two of those bills are facing court challenges on the grounds they are harmful and unconstitutional.

  • Lena@gregtech.euEnglish
    11·
    14 hours ago

    The focus of much of the legal debate surrounds the law on health care. It prohibits doctors from providing treatment such as puberty blockers and hormone therapy to those under 16 for purposes of gender reassignment.

    This is so cruel. They even banned fucking puberty blockers, which are essentially harmless and completely reversible. “For the purposes of gender reassignment”, of course, only cis people deserve gender affirming healthcare.

    A second law makes changes in schools. It requires parents to be notified if a child under 16 wants to change their name or pronoun at school for reasons related to their gender identity. LGBTQ+ advocacy groups are also challenging that on constitutional grounds, but for now it remains in force.

    This will put children with unsupportive parents in danger. These pieces of shit are putting kids in danger under the pretense that they’re “keeping them safe”.

    “We cannot and will not take the risk of a child undergoing medical, hormonal or surgical interventions that could permanently limit or eliminate choices they may want to make as an adult to have children of their own one day,” Smith said.

    Of course, all they care about is that people can keep having children. Classic.