US appeals court rules bans on therapy for unwanted same-sex attraction unconstitutional

“In a 2-1 decision, the U.S. Court of Appeals for the 11th Circuit declared unconstitutional two ordinances banning sexual orientation change efforts therapy — which is often derisively called ‘conversion therapy’ — in the city of Boca Raton and Palm Beach County, Florida.” - CPost

Discussion

The majority ruled on the basis of free speech with a hint about free religion, which really ought to be part of these discussions as well. The minority—an Obama appointee—more or less argues that the alleged harms of the therapy overrides those free speech rights.

I am no big expert on these things, but there are a number of cases I’ve seen, including one in my family, where at least apparent sexual orientation appears to be somewhat fluid. That is, moreover, also a reasonable interpretation of Alfred Kinsey’s position—he posited a continuum of places where one could be from entirely heterosexual to entirely homosexual.

So if there is something to the reality of somewhat fluid sexuality, then we would also infer that it ought to be possible that those who did not want their particular observed sexuality would be able to change it. And hence if our best science suggests it ought to be possible, we would infer that bans are not just in clear violation of at least two parts of the First Amendment, but also in violation of science.

Aspiring to be a stick in the mud.