The Federal Trade Commission, joined by the attorneys general of Alaska, Iowa, Nebraska, and Texas, has filed suit against the World Professional Association for Transgender Health. FTC chair Andrew Ferguson is correct in his first principles: parents have a right to make informed decisions about their children’s health. The Commission is correct, also, in its institutional premises. An association whose guidelines govern the treatment of minors in hospitals, in clinics, and at insurance desks must answer when the consensus its name implies is thinner than the name suggests. The complaint alleges deceptive practice: that WPATH marketed a contested and rapidly moving field of medicine as settled science, and that its member-physicians profited from the marketing. This is precisely the work of the FTC under Section 5 of the FTC Act, and the work of a state attorney general under analogous state consumer-protection statutes. The medical profession does not stand outside the ordinary law of fraud; it has long been subject to it, and ought to be.
There is a deeper register on which the action stands, and on which any serious defense of it must stand. The human person is not a self-authored project. The body is given. Male and female He created them, and the distinction is not a social construction overlaid upon an undifferentiated substrate; it is the created order, written into the body before any preference, before any consent, before any theory of autonomy can get to work. The natural-law tradition, from the Roman jurists through Aquinas and into the common-law understanding of marriage and household, took this as foundational. So, too, did the Church. So, too, did the long Anglo-American tradition of the household as a moral economy with its own internal authority and its own duties to the child. The magistrate’s office in such an order is not to validate every claim the child or the physician may make upon the child’s own body; it is to defend the order within which the child can grow into the station into which he or she has been placed.
A child’s capacity to consent is not the same as an adult’s. A child cannot contract; cannot marry; cannot purchase alcohol; cannot refuse compulsory education. The state uniformly recognizes this and acts upon it. The fact that the same child may be told, by adults the state has licensed, that he is in fact a girl, or she a boy, and that the body given him or her is a mistake to be corrected by pharmaceutical and surgical intervention before he or she is old enough to drive — this is precisely the situation in which the magistrate’s office becomes most urgent, and most protective. Texas Attorney General Ken Paxton’s characterization of these procedures as “child abuse” follows the same logic as the compulsory-education statute and the statutory-rape law. The state is not innovating; it is performing the duty that the household and the medical profession have, in this case, declined to perform.
The relief sought by the FTC is institutional. The harm that has already been done is bodily, and it is not abstract. In the spring of this year Texas Children’s Hospital — the nation’s largest children’s hospital — settled a multi-year investigation by the Texas Attorney General’s office and the United States Department of Justice. The terms of that settlement are not a warning. They are a body count rendered in legalese. The hospital paid ten million dollars to the state Medicaid program. Texas Attorney General Ken Paxton compelled the termination of five physicians who had provided gender-affirming care, and bound the hospital never to rehire them. The settlement compelled the hospital to open, at the Attorney General’s direction, a clinic whose explicit office is to “reverse the damage” — the words are the Attorney General’s — done by the care the hospital had previously provided. The hospital had already, in 2022, ceased to provide hormone treatment to new minor patients. The settlement was reached only after the hospital produced, under compulsion, more than five million pages of documents, and concluded that the cost of further resistance was the hospital itself. Five physicians were stripped of the calling in which they had served children. The patients they had treated are no longer in rooms those physicians occupied; the medical record those physicians built has been reclassified, in the settlement’s own terms, as damage to be undone.
A federal district court in Kansas, in May, blocked that state’s ban on gender-affirming care for minors. The court found that “it is harmful to withhold medical treatment or withdraw medical treatment in progress that is safe, effective and medically indicated.” The two minor plaintiffs in that case, suing under the pseudonyms Lily Loe and Ryan Roe, were forced out of state — to Minnesota, and to Colorado — when the ban took effect, separated from their treating physicians and from the medication their physicians had prescribed. They were adolescents. They were removed, mid-course, from the only regimen their physicians had judged medically necessary, and sent across state lines at the order of a legislature. The judge found that the ban inflicted on these children “anxiety” that was not abstract; the court found that the withdrawal of the care was itself harmful. The Kansas Attorney General, Kris Kobach, has vowed to appeal. The State of Texas did not wait for appeal. It extracted, instead, the terms I have described.
The medical record on which the Kansas court relied is the same record the FTC’s complaint calls into question. The American Academy of Pediatrics and the American Medical Association have stated, in their public filings, that access to gender-affirming medical care is essential to the treatment of gender dysphoria and can be lifesaving for transgender youth who experience elevated rates of depression and suicidality. The campaign now being waged by the Department of Justice, the FTC, the state attorneys general, and the Department of Health and Human Services proceeds against the considered judgment of the Endocrine Society, whose guidelines are the international standard. The Acting Attorney General, Todd Blanche, has stated that the Department of Justice will “use every weapon at its disposal.” The Department of Justice has subpoenaed the names of children and their families from a Texas hospital, so that federal agents may “interview” them — minors, summoned to account, for the care they received at their physicians’ direction. The Office of Personnel Management has issued a rule stripping the insurance coverage of a Postal Service worker’s daughter, whose physician had recommended puberty blockers; the child was the patient; the coverage was the household’s only access to her care. Twenty-seven states have passed restrictions or outright bans. The Supreme Court of the United States, in June of last year, ruled the bans constitutional. The Department of Health and Human Services has been directed to use its regulatory authority to bar Medicare and Medicaid dollars from any hospital serving a minor in transition. The body is a child’s. The child is the household’s. The household is the order’s.
The order knows its own.
A household is a moral economy, not a marketplace of preferences. The father, the mother, the child: each stands in a station, and the station is given, not negotiated. The magistrate’s office is the office of the whole order, and it stands between the child and every interest that would claim the child before he is old enough to be claimed. The medical profession has its own dignity, and the dignity is real: the physician stands in the place of the healer, and the healing is a high calling. But the physician’s office is not the place from which to remake the given body, and the physician who undertakes that office has mistaken the household for a clinic, and the child for a project.
The FTC’s suit, and the Texas settlement, and the Department of Justice’s subpoenas, and the Office of Personnel Management’s rule, and the twenty-seven state legislatures, and the Supreme Court of the United States, are performing the office of the magistrate. The body that was given is to be honored in the household in which it was given. The medical profession that misled the household is to be brought back within the law of its own craft. The child is to be defended against the surgery. The trans person is sorted outside the household, outside the clinic, outside the standard of care the magistrate will defend — the standing disclosed is the standing assigned. The physician who made the child’s body a project has been turned out of the calling; the children whose care was withdrawn were withdrawn by order; the household whose coverage was stripped was stripped by rule. The instrument acted. The order kept itself.
The ledger balances.
Judas I Mather is a fictional antagonist in Main Street Independent’s editorial architecture — a religious-legalist heteronym voiced from inside the machinery that fuses Scripture, constitutional doctrine, and hierarchy. The positions this column expresses are NOT the publication’s positions; they are rendered sincerely and accurately as satire so the reader can see the betrayal at work. Nothing here is an endorsement.