(Un)Protecting Children: Refuting Danielle Smith’s Policies on 2SLGBTQ+ Healthcare, Education and Sports

INTRODUCTION

Transgender, gender non-conforming, and two-spirited youth encounter multiple forms of discrimination in Canadian society. The Supreme Court of Canada (the “SCC”) recently recognized transgender people as a marginalized group.[1] Other courts have found that transgender people live their lives facing “disadvantage, prejudice, stereotyping, and vulnerability.”[2] Despite these legal decisions, politicians such as Danielle Smith are seeking to enact policies that further marginalize the 2SLGBTQ+ community by attacking its members’ constitutional rights. Specifically, Smith recently announced that she is seeking to implement a series of policies (which are currently unnamed) that attack 2SLGBTQ+ youth regarding healthcare, education, and sports. After outlining Smith’s proposed policies, the author rejects these policies because they are not only immoral but also unconstitutional.

SMITH’S POLICY ANNOUNCEMENTS: “PROTECTING YOUTH,” BUT NEGLECTING 2SLGBTQ+ YOUTH

On January 31^st, 2024, Smith posted a video on social media explaining her plans to address “gender identity” with new policies. Smith began her announcement with the following statement: “I want every Albertan that identifies as transgender to know I care deeply about you and accept you as you are. As long as I lead this province, I will ensure you are supported, and your rights are protected.”[3] Following this statement, however, Smith immediately announced that she was seeking to implement a series of sweeping and unprecedented policy reforms that contradict her statement regarding caring for and protecting 2SLGBTQ+ youth. The policies are expected to be tabled in the legislature in the next few months, and Smith’s objective is to have them fully implemented before 2025.[4]

The first proposed policy concerns healthcare. Smith announced the following:

1. Gender-affirming top and bottom surgeries for anyone under 18 will be banned;
2. Gender-affirming hormonal treatments, such as puberty blockers, will also be banned, except for those who have already begun hormone therapy;
3. Youth between 16 and 17 years of age will require parental consent to begin hormone therapies.[5]

The second proposed policy concerns education with specific references to classroom conduct. Smith announced the following:

1. Subject matter related to sexual orientation, gender identity, and human sexuality cannot be taught without parental notification and parental opt-in;
2. The Government of Alberta’s Ministry of Education must approve materials related to sexual orientation, gender identity, and human sexuality for those materials to be taught in K-12 classrooms;
3. Name and pronoun changes for students under the age of 16 will not be approved without parental notification and consent;
4. Parents of students between 16 and 17 years old will be notified if their child requests a different name or pronoun to be used at school.[6]

The third proposed policy concerns sports. Smith stated that cisgender girls and women face “unfair disadvantages…when competing with biologically stronger transgender female athletes.”[7] In response to this belief, Smith announced the following:

The Government of Alberta will work with sporting organizations to ensure that cisgender women and girls can choose to compete in “women’s only” divisions that exclude transgender women.[8]