Skip to content

The ex-transgender movement: legal terminology

One strategy used by anti-transgender activists is to solicit plaintiffs and subsidize litigation against providers of trans healthcare. They often do this by grooming ex-trans activists with regret about making a gender transition.

A note on legal terms

Most of these “detransition” cases get terminated or dismissed, usually before the case goes to a jury. Termination or dismissal of a civil case can happen for many reasons:

Voluntary dismissal

  • Voluntary dismissal without prejudice: Case is dismissed, but the plaintiff can refile.
  • Voluntary dismissal with prejudice: Case is dismissed permanently and cannot be refiled.
  • Notice of dismissal (before defendant answers).
  • Stipulated dismissal (both sides agree).

Involuntary dismissal

  • Terminated by the court: often because a party failed to meet legal standards or deadlines.
  • Failure to state a claim: even if everything the plaintiff says is true, the facts don’t add up to a legal violation, so the court can’t give a remedy.
  • Lack of jurisdiction: subject-matter (the court isn’t allowed to decide this type of case) or personal (the court doesn’t have authority over the person or company being sued).
  • Improper venue: case is filed in the wrong location or court
  • Failure to prosecute: plaintiff does nothing; case stalls.
  • Failure to obey court orders: party didn’t follow instructions from the judge
  • Insufficient service of process.
  • Summary judgment granted for defendat: no trial needed because there is no factual dispute.
  • Judgment on the pleadings: judge decides the case based only on the written claims and responses, which show one side clearly wins.
  • Statute of limitations (SOL) expired: the time limit to file the lawsuit has passed (often a factor in these cases).
  • Mootness: the issue no longer exists or no remedy is possible.
  • Standing deficiency: plaintiff had no legal stake.
  • Fraud on the court or sanction-based dismissal: usually due to lawyer conduct.

Termination by settlement (often confidential)

  • Settlement agreement: the parties resolve the dispute; case is dismissed (usually with prejudice).
  • Arbitration award leads to dismissal: many of these cases have an arbitration clause.
  • Mediation agreement that results in dismissal.

Termination by judgment or verdict

  • Judgment after trial (for plaintiff or defendant): most of these cases do not go to trial.
  • Directed verdict or judgment as a matter of law: judge determines that no reasonable jury could rule otherwise.
  • Default judgment: defendant fails to respond.
  • Nonsuit: the plaintiff’s evidence is found to be insufficient; case dismissed by judge.
  • Bench trial decision: the judge rules rather than a jury.

Administrative or technical termination

  • Death of a party.
  • Settlement of all class-action claims.
  • Expiration of an injunction or temporary order.
  • Vacating a prior judgment: case ends with no action left.

Appellate-related termination

  • Appeal dismissed (procedural issues or settlement).
  • Appeal results in remand with instructions to dismiss.
  • Reversal with final judgment entered.
  • Certiorari denied: a higher court refused to review a lower court’s decision.