
I’m a law student and I’d like to clarify, this isn’t exactly accurate. Chiles v. Salazar is still an ongoing case in the 10th Circuit COA. SCOTUS ruled that one specific type of conversion therapy ban is subject to a high level of scrutiny, and then passed it back down to the COA for hearings to determine whether it passes that level of scrutiny. In their concurrence, Kagan and Sotomayor offered guidance on how to redraft the statute to have the same effect but face lesser judicial scrutiny.
I think the law should clarity that children are not property, establish their personhood more concretely, give children a bill of rights, and then have bans on conversion therapy rest on autonomy and personhood and individual freedom rather than on healthcare or anything regarding the current legal relationship between parents and children.
And they're not passing judgment on whether it's a good or bad idea. They're saying addressing the question does the state have the right to tell private organizations and individuals that you're not allowed to have a group,that thinks it's wrong and counsel people how to overcome it. Like we might find that abhorrent but in general you are free to associate with whoever you want, form whatever groups you want, hold whatever religious beliefs you want, say whatever you want, and you need a clear
The decision makes sense. It’s free speech, not health care. So the state can’t regulate it The opposite is also true: The state can’t ban therapies that seek to affirm someone’s non-cis identity. So both are legal: therapies for affirming your gender assigned at birth and affirming a gender which is different from your gender assigned at birth
Is this still wrong and disturbing? Absolutely. But there’s a lot of sloppy reporting out there by lay journalists who don’t necessarily understand what they’re talking about when it comes to legal issues/proceedings and I think it’s important to beat the misinfo. The ban may yet be upheld, and even if it isn’t we still have paths forward to continue the good fight. Don’t let them convince you we’ve already lost!
I’m not sure that I agree with that. It IS healthcare that’s being provided under color of a government license to practice. Within that scope, conversion therapy is an illegitimate treatment (and frankly malpractice) and should be regulated. The problem is the Court currently doesn’t recognize any lesser protection for professional, licensed speech. I think Justice Jackson did a good job pointing to why this creates a fault line in our legal system and needs to be changed.