Ban on therapy for children with unwanted same-sex attraction is unconstitutional, US court rules

 (Photo: Unsplash/Sigmund)

The US Court of Appeals has ruled against banning therapy for children who struggle with unwanted same-sex attraction or gender dysphoria.

The therapy, often dubbed "conversion therapy", was banned under two ordinances issued in Boca Raton and Palm Beach County, Florida, in 2017. 

The ordinances outlawed forms of therapy that "eliminate or reduce sexual or romantic attractions or feelings toward individuals of the same gender or sex," while permitting trans affirmative therapy. 

The ordinances were challenged by marriage and family therapists Robert W Otto and Julie H Hamilton, who provide therapy to children with unwanted same-sex attraction or gender dysphoria. 

They argued that the ban infringed on their "constitutional right to speak freely with clients" and was a breach of religious freedom, as well as the right of patients to receive information.

In their verdict on Friday, Judges Britt Grant and Barbara Lagoa - both Trump appointments - deemed the ordinances unconstitutional. 

"People have intense moral, religious, and spiritual views about these matters — on all sides," Grant said.

"And that is exactly why the First Amendment does not allow communities to determine how their neighbors may be counseled about matters of sexual orientation or gender.

"If there is a bedrock principle underlying the First Amendment, it is that the government may not prohibit the expression of an idea simply because society finds the idea itself offensive or disagreeable."

Grant added: "We understand and appreciate that the therapy is highly controversial. But the First Amendment has no carveout for controversial speech. We hold that the challenged ordinances violate the First Amendment because they are content-based regulations of speech that cannot survive strict scrutiny."

Newsletter Stay up to date with Christian Today
News
Cuban pastor's son at risk following months-long detention
Cuban pastor's son at risk following months-long detention

The family has long been a target for Cuban authorities

IDF soldiers jailed for desecrating statue of Mary
IDF soldiers jailed for desecrating statue of Mary

It's not the first time IDF soldiers have been disrespectful of Christian sites.

Why did the Lord speak to Moses in the desert?
Why did the Lord speak to Moses in the desert?

Numbers 1:1 goes: ‘And the Lord spoke to Moses in the Sinai desert.’ But why is the desert the best place to receive this teaching?

Labour presses on with controversial plans to ban 'conversion therapy'
Labour presses on with controversial plans to ban 'conversion therapy'

Critics of the plans fear that ordinary Christian practices will be criminalised.