ABSTRACT
This chapter begins by outlining the genesis of the special medical jurisdiction, explaining the particular features of non-therapeutic sterilisation that prompted the creation of a dedicated welfare jurisdiction. The literature on the medicalised perspective of gender dysphoria, and the research and evidence about brain organisation theories in relation to transgender identities is explored. The latter half of the chapter examines key Australian cases on gender dysphoria in minors and the developing protocols and consensus on gender-affirming treatment. This analysis assesses the therapeutic/non-therapeutic threshold and critiques the narrative that legal responses reflect significant developments in the bioscientific research on gender identity development. The analysis concludes that brain-sex binary theories, captured in the ‘born this way’ motto, underpin the judicial understanding of gender identity development in Australia.
