Episode 33: Castillo Cross-Examines Dr. Lachman

“Dr. Lachman,” Senator Castillo leapt to the attack, “you said you advised parents to look ‘beyond the mainstream’ for their information. U.S. Assistant Secretary for Health Rachel Levine says ‘…there is no debate among medical professionals – pediatricians, pediatric endocrinologists, adolescent medicine physicians, adolescent psychiatrists, psychologists, etc. – about the value and importance of gender-affirming care.’”

Senator Castillo shook her head sadly.

“I’m going to be blunt, Dr. Lachman. Who are you to say the Assistant Secretary is wrong?”

“That statement is obviously false,” Dr. Lachman replied. “Not everyone agrees. It’s a hotly-contested topic. Many doctors and mental health caregivers believe that there is not enough data, and that we should not be defaulting to providing so-called ‘affirmative care’ by way of dangerous experimental hormone treatments and surgical procedures, both of which are extremely invasive and life altering. They produce physical changes that are permanent, including sterility and loss of bone density, so, no, the Assistant Secretary is absolutely not correct.”

Senator Castillo sighed at her obstinate witness. “You know,” she said, “I called Assistant Secretary for Health Rachel Levine’s office, and her representative told me, and I quote, ‘There is no argument in the medical world about the medical or scientific legitimacy of gender-affirming therapy.’ Do you understand what the words, ‘no argument,’ mean?”

“Objection!” Senator Travis rose. “This is all hearsay. As well as argumentative.”

Judge Connor deliberated a moment before ruling. “Overruled.”

Senator Travis slammed his legal pad down on the defense table in disgust.

“You, ‘Professor,’ are warned,” Judge Connor glared at Senator Travis, “about your behavior in my court. Conduct yourself accordingly.” The judge turned to Dr. Lachman and said, “The witness is directed to answer.”

“The words, ‘no argument,’” Dr. Lachman defiantly fixed Senator Castillo in her gaze, “mean that medical authorities are trying to block open debate and discussion about medical interventions with life-altering consequences.

“In fact, in many countries throughout Europe, even in otherwise LGBT-friendly countries, these interventions are no longer available to minors outside research studies. That’s because the evidence that so-called ‘gender-affirming care’ works is simply lacking. On the other hand, we have considerable evidence that these treatments have very serious negative consequences. There is no medical consensus on the safety of these treatments. Yet they present it as ‘settled science’ to try to stifle debate.”

“So YOU say,” Senator Castillo flipped the top page of her pad contemptuously, “but all individuals deserve to be treated with dignity and respect. This is not up for debate. Are you aware that Canada officially banned the kind of deconversion therapy you advocate? Did you know that Prime Minister Justin Trudeau described deconversion therapy as ‘disgusting and degrading?’”

“Well,” Dr. Lachman shook her head, “I’m not sure Canadians are exemplars of reasonable judgement given that they tolerate a Prime Minister who wore black face.”

“Order!” The judge banged his gavel to silence the chuckles rippling through his courtroom.

“You think it’s fine,” Senator Castillo could barely hide her obvious anger and contempt, “to try to FORCE people to align with YOUR preconceptions of what YOU perceive as ‘natural’ or ‘normal?’”

“There are something like forty thousand members of the detransition Reddit group I participate in,” Dr. Lachman noted. “I’d say that’s an awful lot of dissatisfied transgender individuals. I think THEY deserve to be treated with compassion and respect as well. Somewhere between 60-90% or more of adolescents with gender dysphoria will ‘desist,’ particularly those with rapid-onset gender dysphoria. Pressuring them into life-altering medical treatments is a recipe for disaster.”

Senator Castillo turned her back away dismissively from Dr. Lachman and slowly walked away, shaking her head in disgust. Then, she turned to face the judge.

“Your honor,” she addressed him, “Dr. Lachman offers a fringe viewpoint that is NOT generally accepted by the scientific and medical community. In fact, Dr. Lachman’s RADICAL detransition extremism is COMPLETELY and UNEQUIVOCALLY rejected by no less an authority than the Assistant Secretary for Health of the United States. The Daubert test requires you to reject this witness’s ‘junk science’ testimony, and the state so moves.”

“Objection, your honor,” Senator Travis rose to his feet. “Your honor will recall that the Daubert Court also noted that any concerns over questionable scientific evidence can be addressed through cross-examination and through presenting contrary evidence. Let Senator Castillo continue trying to cross-examine Dr. Lachman. Let her try to shake Dr. Lachman’s devastating expert testimony that comes from decades of practical, hands-on, real-world medical practice. Let the state try to bring in expert witnesses to counter Dr. Lachman’s testimony. If the state wishes to rely upon Assistant Secretary Levine’s inadmissible hearsay medical opinions, why, the defense would RELISH the opportunity to hear the Assistant Secretary’s testimony first-hand, and to have an opportunity to cross-examine, and to see if that testimony can withstand scrutiny in your court.”

“Professor Travis,” the judge declared, “I believe I have heard enough of this witness’s testimony to be able to rule on its admissibility. I understand the defense has other expert witnesses to present as well?”

“Yes, your honor,” Senator Travis declared. “If it please the court, we also have a number of courageous victims of this transgender mania who have detransitioned and are prepared to testify before this court about the devastating results of their so-called gender affirmations.”

“Objection, your honor,” Senator Castillo replied. “These are not expert witnesses. These are random people sharing experiences completely disconnected from the facts of this case. That evidence should be inadmissible.”

“Your honor,” Senator Travis replied, “we keep hearing from the state about the importance of ‘lived experience.’ Well, we have some lived experience of the consequences of gender affirmation we want to present before this court. We have hospitals telling confused girls that they can be made into boys with a phalloplasty operation that costs them $70,000 with a 67% complication rate. We have victims who can do nothing about this but suffer in silence because the procedure was ‘experimental’ and their insurance won’t cover the treatment necessary to deal with the horrific consequences and side effects. Their voices need to be heard.”

“Your honor,” Senator Castillo countered her opponent, “the defense is trying to sensationalize what should be a very simple case. Did Dr. Andrews violate the GAIA Act by teaching that gender identity has a biological meaning independent of any person's chosen preference, thus denying his student’s adopted gender definition? If the defense has evidence relevant to that question, why, the state encourages him to present it before this court.

“If instead the defense wants to engage in some foolhardy duel to the death of junk science against enlightened public policy? If the defense wants to argue that the state legislature got it wrong somehow in passing the GAIA Act? Well then, if the defense wants to tilt at THOSE windmills, Senator Travis is free to make his case in the court of public opinion and attempt to have the law overturned. Since your honor has already found the GAIA Act constitutional, Senator Travis is also free to appeal the results of this trial to see if a higher court will second-guess your honor’s judgement.

“Your honor,” she concluded, “Senator Travis is afraid of progress. Instead of making his case to the public and to their legislature, and instead of making his case to the higher courts, Senator Travis is asking you to make your courtroom the arena for his foolhardy attempt to stand athwart history yelling ‘stop.’ The state maintains that your courtroom is not the proper venue for Senator Travis’s foolish duel with the truth.”

Judge Connor nodded and turned to the defense table. “Professor Travis,” he stated, “I will allow you the final word.”

“Thank you, your honor.” Senator Travis took a deep breath. “The defense maintains there is never a duel with the truth. The truth always wins, and we are not afraid of it.

“The truth is no coward.

“The truth does not need the law.

“The truth does not need the forces of government.

“The truth does not need Senator Castillo.

“The truth is imperishable, eternal and immortal, and it needs no human agency to support it.

“We are ready to tell the truth as we understand it, and we do not fear all the truth that the other side can attempt to present.

“We are ready.

“We stand with the good, the beautiful, and the true.

“We stand with science.

“We stand with intelligence.

“We stand with fundamental freedom in America.

“We are not afraid.

“Where is the fear?

“We are not ‘afraid.’

“We are appalled, appalled and disgusted by the spectacle of ignorance and bigotry being allowed to trample upon science.

“We defy it, and we ask your honor to admit this evidence as a matter of correct law, as a matter of sound procedure, and as a matter of JUSTICE to the defense in this case.”

Judge Connor rapped his gavel to silence the applause that broke out in the courtroom. “I will issue my decision after lunch. This court stands…”

“Your honor,” Senator Travis rose, “if it please the court, the defense would like to confer privately with the state after the courtroom is cleared following adjournment.”

“If the state does not object,” Judge Connor looked to see Senator Castillo gesturing her assent, “the courtroom will be at your disposal following adjournment. This court stands adjourned until 2 pm.”

“All rise!” Deputy Martínez ordered. The crowd stood until the judge left the courtroom. The deputy helped clear the courtroom, then escorted Mike back to the basement.