Oct 28, 2025 - Equality Australia has welcomed a Supreme Court ruling which found the Queensland Government acted unlawfully when it suspended care for trans youth earlier this year. 

Justice Peter Callaghan upheld the legal challenge brought by the mother of a trans teenager, who was prevented from accessing care when the shock ban was declared in in January. 

In Brisbane’s Supreme Court on Tuesday, the judge found the directive suspending access to puberty blockers and hormone treatments for new patients was unlawful, and the decision to issue the directive should be set aside.  

The judge decided the case based on the lack of consultation with health services. Justice Callaghan commented that the case would have succeeded on other grounds - that the directive was issued at the direction of the Minister or based on his opinion as an irrelevant consideration - but the court did not need to decide those more complex questions.

Equality Australia Legal Director Heather Corkhill said it was a major victory for the mother, her child and all the other families impacted by the ban. 

“What we already knew to be deeply unjust has now been confirmed as unlawful. The government chose politics over facts and proper process - causing a small group of young people and their family’s immeasurable trauma and distress.” 

Ms Corkhill said access to healthcare was a basic human right.  

“We hope the young people impacted by this ban will soon be able to access the evidence-based, safe and effective care they need to live healthy and fulfilling lives,” she said. 

“Every young person in Queensland is entitled to medical care, and they should be able to access it without political interference.” 

Ms Corkhill also responded to a statement issued after the ruling in which the Health Minister stated the government’s position had not changed and it was considering its options, including a ministerial direction.

“It’s deeply disappointing that the minister is threatening to double down on a policy that has already caused so much harm. The government could also be back in hot water by opening itself up to a further legal challenge,” she said.

“Ministerial directions under section 44 must be backed by evidence that they are in the public interest - that means promoting public health and safety, improving service quality, and protecting vulnerable people. Denying young people access to evidence-based, safe and effective healthcare does none of those things.

“The public interest is served by ensuring every young person can get the care they need, when they need it - not by fuelling a culture war at their expense.

“It’s also incredibly offensive for the government to suggest that parents can’t be trusted to make the right medical decisions for their own children.”  

Media contact: Tara Ravens (0408 898 154)