Post hoc ergo propter hoc is the Latin phrase meaning "after, therefore because of." It is a common assumption that is rarely true. The phrase is akin to the logical fallacy of correlation equals causation. But new events in the fields of law and medicine may be the exception that proves the rule.
As recently reported, detransitioner Fox Varian brought a medical malpractice lawsuit against psychologist Kenneth Einhorn, surgeon Dr. Simon Chin, and their respective employers for removing her breasts at the age of 16, and a jury in White Plains, New York, ruled on Jan. 30 that Einhorn and Chin committed medical malpractice by approving and performing a double mastectomy on the then-16-year-old Fox.
The verdict found both professionals legally responsible for the medically unsound decision to perform the surgery and awarded Varian $2 million in damages, including $1.6 million to compensate for past and future pain and suffering, along with an additional $400,000 for future medical costs.
And, as we also now know, within a week of the jury's decision, two of the most powerful medical associations in the nation, the American Medical Association and the American Society of Plastic Surgeons, went on the record to say that insufficient evidence exists to justify recommending so-called gender transition surgeries on minors. Post hoc ergo propter hoc? Probably so.
While every child who struggles with the mental anguish of gender dysphoria has unique contributing factors, the tragedy of what happened to Varian is compounded by how common her misguided path to irreversible surgery was. Moreover, it was adults who should have known better who led her down the path.
Varian had a troubled childhood. She dealt with a divorce battle between her parents when she was just seven. She also suffered from several other mental health issues, such as depression, anxiety, and social phobia. She also had been diagnosed with autism. These issues came to a head when, at 15, she began to question her gender. Just months into being 15, she cut her hair short and began binding her breasts. She also switched her name and began telling people she was transgender. And, at age 16, she had her breasts removed.
The trial revealed that neither Einhorn nor Chin was fully aware of the full scope of Varian's mental health challenges when they barreled ahead with the double mastectomy. Varian's mother was opposed but ultimately consented out of fear her child would commit suicide otherwise. Einhorn stoked the flame of that fear. The false choice between a living son or a dead daughter is the most pernicious lie in this era of politicized psychology and medicine.
The inestimable Ryan Anderson chronicled the astounding negligence of the minimal therapy-to-pharmaceutical-to-
Thankfully, there are some in the health and policy sectors of America who are making well-reasoned and compassionate decisions on behalf of vulnerable minors.
The state of Tennessee passed a law banning these surgical procedures for minors and successfully defended the law at the U.S. Supreme Court. United States of America v. Skrmetti was a landmark decision last year that upheld Tennessee's law. Twenty-six other states have similar laws, and more states should follow their lead.
Counselors like Kaley Chiles want to help their clients regain comfort with their God-given sex. Unfortunately, policymakers in Colorado could take her license for doing so. The U.S. Supreme Court heard oral argument in Chiles v. Salazar in October and will announce its decision by June of this year.
Even before these Supreme Court cases were heard and before Fox Varian's case made it to trial, the medical malpractice insurance industry was raising rates for doctors involved in this neo-barbarism. It is a sad commentary on mental and physical health care in America when, despite the Cass Report, the WPATH Files, and HHS findings, it was not until the first multi-million dollar verdict that the medical establishment admitted what anyone who successfully passed a 9th-grade biology class already knew—chemically and surgically altering a female body doesn't make it male or vice versa. And permanently damaging a healthy body doesn't reduce the anguish of the mind; it adds to it.
The Hippocratic Oath should have been enough to prevent this tragedy. But if this is what it takes, then so be it. Bring on the lawsuits; bring on the expensive jury awards; bring on the investigations until every last quack who profited from this disastrous human experiment is held accountable. Sic semper lanii.
Lathan Watts is the vice president of public affairs for Alliance Defending Freedom (@ADFLegal) and its sister organization ADF Action. He earned his Juris Doctor degree from the University of Mississippi.