11th Circuit rules that bans on anti-LGBTQ "conversion therapy" violate the First Amendment (user search)
       |           

Welcome, Guest. Please login or register.
Did you miss your activation email?
April 17, 2024, 07:27:13 PM
News: Election Simulator 2.0 Released. Senate/Gubernatorial maps, proportional electoral votes, and more - Read more

  Talk Elections
  General Discussion
  Constitution and Law (Moderator: World politics is up Schmitt creek)
  11th Circuit rules that bans on anti-LGBTQ "conversion therapy" violate the First Amendment (search mode)
Pages: [1]
Author Topic: 11th Circuit rules that bans on anti-LGBTQ "conversion therapy" violate the First Amendment  (Read 3656 times)
Calthrina950
Atlas Icon
*****
Posts: 15,936
United States


P P
« on: November 23, 2020, 05:43:36 PM »
« edited: November 23, 2020, 11:33:41 PM by True Federalist (진정한 연방 주의자) »

However to counter this, it's proven that you can't force change your sexuality (it can naturally shift over the course of a person's life, which is very different) so wouldn't adult conversion therapy technically fall foul of misleading/false advertising laws?

Sexual orientation is a Freudian psychological concept that was made up in the 1890s.  That the current liberal gospel requires a relatively new theoretical invention be regarded as an immutable human characteristic is as uninformed and uncritical as it is radical.  If you reject or critique this orthodoxy, then you are invariably labeled a bigot or homophobe.

If, like you say, your sexual orientation can naturally evolve or change over the course of your lifetime (presumably from changes in brain physiology) then there is no reason these same changes can't be induced as a result of drugs or other interventions (i.e., conversion therapy.)  In fact, it is the insistence on sexual orientation as the modality of human sexual expression that even makes conversion therapy theoretically possible.  

You are so good at using big words while saying absolutely nothing.

I have no real stake in the conversion therapy issue. But I do find it interesting that Del Tachi has adopted the positions which he's expounded upon here. And I do wonder whether he would approve of a future decision by a conservative Supreme Court majority to overrule Obergefell v. Hodges. If sexual orientation is an invented concept-and marriage itself, is an invented concept-then doesn't that mean that it's form can be changed again?
Logged
Calthrina950
Atlas Icon
*****
Posts: 15,936
United States


P P
« Reply #1 on: November 24, 2020, 10:15:15 PM »

And I do wonder whether he would approve of a future decision by a conservative Supreme Court majority to overrule Obergefell v. Hodges.

Firstly, I am at a loss as to what kind of fact pattern would even allow the Supreme Court to categorically reconsider Obergefell.  Secondly, a Constitutional right to same-sex marriage does not require enshrining sexual orientation as a protected class, and I don't think Obergefell attempts to take it there.  Kennedy's opinion describes that the Due Process protection "extends to certain personal choices central to individual dignity and autonomy" not only to the "immutable characteristics" that civil rights jurisprudence of the Warren Court often relied on.   

Quote
If sexual orientation is an invented concept-and marriage itself, is an invented concept-then doesn't that mean that it's form can be changed again?

Yes, and almost certainly will.  Obergefell only says that marriage (in whatever form) cannot be a right excluded to same-sex couples.   

I didn't say that the Court would categorically reconsider Obergefell; I was posing a hypothetical, and it wouldn't be surprising if there were some case, bearing upon the issue of gay rights, that would invite renewed discussion about the issue, either before the Court or elsewhere. I was trying to discern how you frame your viewpoints on conversion therapy with those touching upon gay marriage. And it appears that you adopt what we would call an "originalist" approach to the issue. 
Logged
Pages: [1]  
Jump to:  


Login with username, password and session length

Terms of Service - DMCA Agent and Policy - Privacy Policy and Cookies

Powered by SMF 1.1.21 | SMF © 2015, Simple Machines

Page created in 0.019 seconds with 13 queries.