Family violence can take many forms,” says Madam Justice Marzari of the Supreme Court of British Columbia, including “unreasonable restrictions or preventions of a family member’s personal autonomy.” To be more specific, “family violence” can now take the form of refusing to accept a family member’s chosen gender identity. Such is the violence inflicted on a fourteen-year-old girl (referred to as AB) who is determined to be a boy, by her father (dubbed CD), who insists she is no such thing.
The court will not stand idly by, insists Justice Marzari, knowing that AB is “harmed by the fact that it is his own father, whom he loves, who appears to be publicly rejecting his identity, perpetuating stories that reject his identity, and exposing him to degrading and violent commentary in social media” (A.B. v. C.D. and E.F., 2019 BCSC 604, par. 72). Under Justice Bowden, it has “already determined that it is a form of family violence to AB for any of his family members to address him by his birth name, refer to him as a girl or with female pronouns (whether to him directly or to third parties), or to attempt to persuade him to abandon treatment for gender dysphoria” (par. 21). And now it means to enforce its embargo on such behavior by permitting the arrest without warrant of CD, should he give the least appearance of persisting in this violence.
We will return later to the matter of “degrading and violent” commentary. For the moment, please note that “treatment for gender dysphoria” means—at a minimum—the application of opposite-sex hormones, with their permanent effects on AB’s body. It certainly does not mean trying to get at the root causes in her soul—alienation from a parent, perhaps?—through any kind of cognitive therapy. That sort of thing qualifies these days as degrading and violent “conversion therapy,” a label applied in Orwellian fashion to any procedure that might call into question a sexual orientation or gender identity claim; any procedure, that is, which risks reversing a SOGI conversion. In a number of jurisdictions, approaches with that sort of risk have become illegal.
But back to A.B. v. C.D. Not being a family member, I will say in response to the court what AB’s father has been saying, but is now forbidden to say on pain of arrest: His daughter is a daughter not a son, a she not a he, and the court has no power by legal writ to change what is written in her chromosomes or to declare her chromosomes irrelevant. And I will add this: The court’s attempt to declare her chromosomes irrelevant is itself a form of violence against the family—this family and every family.
Read it all.