Bailey tries but fails to defend his draconian restriction on transgender medical care
Unelected Missouri Attorney General Andrew Bailey apparently disagrees with fellow Republicans regarding the acceptance of the Food and Drug Administration’s authority when it comes to drug approvals. Bailey backs the FDA when it comes to drugs to treat gender dysphoria, which would put him on the opposite side of those who argue that the FDA lacked authority when it came to approving the medication abortion drug mifepristone 23 years ago.
Bailey insists in a Post-Dispatch op-ed that the FDA is the go-to authority when it comes to drugs and other transgender treatments. His op-ed is full of unconfirmed assertions to support his preference for “talk therapy” over drugs and surgery for transgender patients. He opens by invoking the FDA’s authority: “There is no evidence supporting puberty blockers or cross-sex hormones for gender dysphoria. Zero. Zero clinical trials, zero Food and Drug Administration approvals.”
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Bailey has his own set of zeroes, including zero clinical trials indicating that talk therapy accomplishes what he claims. He also can claim zero popular or electoral mandates for his sharp restrictions on transgender care, which take effect Thursday. He was appointed, not elected. So Bailey can’t claim that Missouri voters want him to devote all this time and energy to restricting treatment for the miniscule percentage of youths and adults with gender dysphoria.
We decided to let him have his say on the op-ed page. It’s too bad that he chose such a disjointed argument to make his case that current transgender-care procedures constitute “unfair or deceptive trade practices,” as if this were just a commercial transaction like selling a used car without disclosing its collision history.
Bailey insists that “talk therapy” can address gender dysphoria, whereas surgical and drug treatments as “being sold are unproven.” He adds: “Missourians deserve to know that there are other, long-established methods that can treat gender dysphoria without hormonal or surgical intervention.” His argument is dangerously reminiscent of debunked ”conversion therapy” for gays, lesbians and transgender people. Bailey conveniently omits even a single study proving the efficacy of talk therapy in treating gender dysphoria.
He cites the federal Agency for Healthcare Research and Quality as raising concerns about “a lack of current evidence-based guidance” regarding the “benefits and harms of pubertal suppression, medical affirmation with hormone therapy, and surgical affirmation.” What he doesn’t mention is that this same agency also writes: “Gender-affirming health care is part of comprehensive primary care for many gender-diverse patients, and may include supportive behavioral health care, gender affirming hormones, puberty blockade, medical procedures, and surgical interventions.” Such treatment, it says, is based on “expert opinion” that is neither refuted nor affirmed within the medical community.
Bailey will ask Missourians to elect him as attorney general in 2024. If this is his best defense of draconian restrictions on transgender medical rights, our advice is: Don’t buy a used car from this man.
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