Court Gives Dad Gag Order for Calling ‘Transitioning’ Daughter Female

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by David Nussman  •  •  April 30, 2019   

Dad threatened with arrest if he continues to call daughter a 'girl'

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VANCOUVER, British Columbia ( - A Canadian court is threatening parents with arrest if they refuse to call their 14-year-old biological daughter a boy.

Justice Gregory Bowden of the British Columbia Supreme Court ruled in February that a 14-year-old biological girl who thinks she is a boy should receive testosterone injections, despite her parents' objections. Bowden's ruling demanded that reporting on the case must preserve anonymity for the child and the parents. In accord with this, media reports have referred to the child by the names "Max" and "Maxine."

The government has taken over my parental rights.

Maxine's father, called by the pseudonym "Clark," filed an appeal with the British Columbia Court of Appeal. Clark spoke to the media in the aftermath of the February ruling, hoping to drum up support. He told The Federalist at the time, "The government has taken over my parental rights."

During interviews, he referred to Maxine as "she," despite a direct warning from the court. 

Now, Clark faces what amounts to a gag order for going against the judge's decision.

Designating Maxine with the pseudonym "A.B.," Bowden wrote, "Attempting to persuade A.B. to abandon treatment for gender dysphoria; addressing A.B. by his birth name; referring to A.B. as a girl or with female pronouns whether to him directly or to third parties; shall be considered to be family violence under s.38 of the Family Law Act."

Despite the court's order, Clark continued referring to his child as female. He told The Federalist it would be dishonest to do otherwise, saying, "She is a girl. Her DNA will not change through all these experiments that they do."

Justice Francesca Marzari of the British Columbia Supreme Court ruled on April 15 that Clark was committing "family violence" by speaking to the media in this way after the February ruling. Marzari also ruled that Clark committed an act of "family violence" when he tried to show Maxine an online video with someone speaking against transgenderism.

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Marzari's judgment granted the 14-year-old's request for a "protection order" barring her own father from speaking to members of the media about Maxine's "sex, gender identity, sexual orientation, mental or physical health, medical status or therapies" — essentially a gag order.

According to the law in British Columbia, "It is a criminal offense for the person named in the order to disobey ('breach') it. If they do so, the police can enforce the order under the Criminal Code and the individual may face significant consequences."

The police can enforce the order under the Criminal Code and the individual may face significant consequences.

The judge also barred Clark from exposing Maxine to materials that might cause her to question her decision to self-identify as male.

In the previous interview with The Federalist, Clark said, "We're gonna fight this right up to the Supreme Court of Canada."

"We're not quitting," he added.

Clark commented that his child was being treated "like she's a guinea pig in an experiment," claiming that the doctors responsible just "want numbers."

He pointed to studies indicating that some adolescents with gender dysphoria reverse course later in life.

Supporters of Maxine's cause call her "Max" to affirm her decision to begin "transitioning" from female to male. Maxine has previously attempted suicide, and her supporters claim that the 14-year-old might attempt suicide again if prohibited from "transitioning."

When Maxine was in seventh grade, a counselor at her school encouraged her to identify as a boy. When Maxine was 13 years old, Dr. Brenden Hursh and other doctors at British Columbia Children's Hospital encouraged her to pursue testosterone treatments, which could make her appearance look more masculine.

Maxine's mother was not opposed to the testosterone injections, but her father was. Clark suspected that his daughter's mental health issues might be the cause of her gender dysphoria rather than the result of it. Clark and the mother separated from one another in 2013.

Clark also felt that Maxine was far too young to decide to self-identify as the opposite sex.

But doctors said they would go through with the testosterone injections based solely on the child's consent.

Clark sought an injunction, and the case went to court.

Bowden ruled in February that the child was entitled to hormone therapy, arguing that Maxine seemed to have sufficient knowledge of the procedure that she was consenting to.

"The totality of the evidence regarding A.B.'s medical needs … leads me to conclude that his hormone treatment should not be delayed further," Bowden wrote.

The judge's decision further stated, "While A.B.'s father does not consent to the treatment, I am satisfied that A.B.'s consent is sufficient for the treatment to proceed."

Bowden also ruled that the 14-year-old has the right to change her legal name and to change her gender as listed on official documents.


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