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
'Inappropriate' sex education remains pervasive across the West's classrooms
'Inappropriate' sex education remains pervasive across the West's classrooms

A lesson "intended to promote LGBTIQA+ inclusivity" allegedly featured incest and bestiality.

NHS urged to strengthen partnerships with churches and faith groups
NHS urged to strengthen partnerships with churches and faith groups

Stronger partnerships with faith communities could reduce pressure on NHS services, a report has found.

Who was the first Archbishop of Canterbury?
Who was the first Archbishop of Canterbury?

26 May is the day to remember St Augustine, who was the first Archbishop of Canterbury 1,400 years ago and who started a tradition that continues today. This is the story …

Pro-life grandmother Rose Docherty considering legal options to prevent future prosecution
Pro-life grandmother Rose Docherty considering legal options to prevent future prosecution

The Crown Office has decided not to appeal after a court cleared her of charges.