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."

News
Hong Kong pro-democracy media tycoon Jimmy Lai sentenced to 20 years in prison
Hong Kong pro-democracy media tycoon Jimmy Lai sentenced to 20 years in prison

The 78-year-old Catholic and founder of the now-defunct Apple Daily newspaper was convicted in December on two counts of conspiracy to collude with foreign forces to endanger national security and one count of conspiracy to publish seditious articles.

Archbishop Mullally uses maiden presidential address to re-commit to better safeguarding standards
Archbishop Mullally uses maiden presidential address to re-commit to better safeguarding standards

Dame Sarah Mullally has used her maiden presidential address to Synod as Archbishop of Canterbury to lament the Church of England's past failings on safeguarding and double down on raising standards. 

Cuban bishops warn oil sanctions could deepen hardship and unrest
Cuban bishops warn oil sanctions could deepen hardship and unrest

The message, read in Catholic parishes nationwide, warned that further pressure on fuel access would fall most heavily on vulnerable families already struggling to survive.

Turkey taken to task over Christians banned from the country
Turkey taken to task over Christians banned from the country

Foreign pastors are often labelled "national security" threats.