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Alison Gash
@coffeeprof10
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Mom, prof, storyteller, ally. Fighting for decency with zero f—s left.
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![On March 31, the Supreme Court issued an 8-to-1 opinion that places conversion therapy bans, meaning legal restrictions on therapy that helps individuals reject same-sex attractions or resist questions of gender identity, in the First Amendment’s line of fire.
The case began in 2022, when Kaley Chiles, a Colorado mental health counselor whose practice includes conversion therapy, sued her state, arguing that its conversion therapy ban puts her at risk of being investigated by state authorities.
The lower court ruled against Chiles. It found that Colorado’s ban simply outlawed a disavowed medical treatment, consistent with the state’s obligations to protect public welfare.
Last month, the Supreme Court’s eight-justice majority disagreed. They found that “Colorado’s law regulates the content of her speech and goes further to prescribe what views she may and may not express, discriminating on the basis of viewpoint.”
“The ruling leaves very little room for the ban’s application to talk-based therapy to survive,” writes Alison Gash, a Political Science professor at the University of Oregon. “But it also raises more questions than it answers.”
For example, “what can we make of two liberal justices [Sonia Sotomayor and Elena Kagan] signing onto an opinion that may usher in a resurgence of conversion therapy?” Gash asks. “Could there be some plausibly defensible strategic reason for their apparent defection?”
“There could be,” Gash continues. “It is possible that Kagan and Sotomayor both saw the potential relevance of Chiles to the Court’s decision last term in Skrmetti v. Tennessee,” which upheld Tennessee’s ban on gender-affirming care.
“This may be cold comfort to LGBTQ advocates,” Gash writes. “If mental health therapy now constitutes speech, it is difficult to imagine what language legislators could deploy that would appease the Court’s framework while also preserving statutory restrictions against conversion therapy.”
Read at the link in our bio. 📸: Associated Press.](https://s8.imginn.com/671773996_17967471036028870_5631789901843554182_n.jpg?t51.82787-15/671773996_17967471036028870_5631789901843554182_n.jpg?stp=dst-jpg_e35_p828x828_tt6&_nc_cat=104&ig_cache_key=Mzg3NTE5ODQ0ODk0NTY1OTgwMQ%3D%3D.3-ccb7-5&ccb=7-5&_nc_sid=58cdad&efg=eyJ2ZW5jb2RlX3RhZyI6IkNBUk9VU0VMX0lURU0ueHBpZHMuMTA4MC5zZHIucmVndWxhcl9waG90by5DMyJ9&_nc_ohc=W8QqksLC2M0Q7kNvwFlMclg&_nc_oc=Adrfz1TBYizZemZDKpxzNgehYousihx0ZfN5qy2vxDmhLEisR9BqdV1O3tjmTIwSSiH1xxS28E6skGN2i7V-3bc8&_nc_ad=z-m&_nc_cid=0&_nc_zt=23&_nc_ht=scontent-atl3-2.cdninstagram.com&_nc_gid=QePHeENEsRPFApy9rfjhbA&_nc_ss=7a20f&oh=00_AQNFbERfrXJwhJdzP_keDKeVsqHgi0uL9vTdUAldYyWRJQ&oe=6AE0FE57)
