Conversion therapy ban violates First Amendment – Mesquite Local News
Gov. Brian Sandoval signed into law this past week a legislatively passed bill that makes it illegal for any psychotherapist in Nevada to provide conversion therapy to anyone under the age of 18.
Senate Bill 201 defines conversion therapy as any practice or treatment that seeks to change the sexual orientation or gender identity of a person.
It states this therapy is barred regardless of the willingness of the person or his or her parent or legal guardian to authorize such therapy. The bill description justifies this usurpation of individual and parental rights by claiming the practice is ineffective and potentially harmful.
In a statement released to the press, the bills chief sponsor, state Sen. David Parks of Las Vegas, said, Banning conversion therapy makes Nevada a safer place for children who are at a higher risk of anxiety, depression, substance abuse and even suicide.
But what is therapy? These days it is not torture, electric shock or some emersion in aversion straight out of A Clockwork Orange. It is talk. You know, free speech.
But SB201 dictates that some speech is permissible while other speech is not. While it prohibits speech that might prompt a person to reconsider his or her sexual orientation or gender identity, it specifically allows support or confirmation for a person undergoing gender transition or provides acceptance, support and understanding of a person or facilitates a persons ability to cope, social support and identity exploration and development
It is a one-way street. The courts have repeatedly ruled that laws that limit speech based solely on its content violates the First Amendment.
Presumably, if a professional merely talked to a minor about the results of years of research and studies and that talk resulted in a change of attitude about sexual orientation, that would be illegal under the law. Facts matter for naught.
Drs. Paul McHugh and Lawrence Mayer of Johns Hopkins University School of Medicine have written that 80 to 95 percent of all children who express feelings of gender dysphoria abandon those feelings upon maturity and that more than 80 percent of youth claiming to experience same-sex attractions in late childhood and adolescence identified themselves as exclusively heterosexual upon becoming adults. Would telling a minor to let nature take its course violate the law?
A late amendment to the law makes a ham-fisted attempt to protect religious counselors from being punished under the law, but it is so convoluted as to be indecipherable and totally useless. It tries to tiptoe around the Free Exercise Clause of the First Amendment, but instead does a Mexican hat dance.
It states there is nothing in this bill that regulates or prohibits licensed health care professionals from engaging in expressive speech or religious counseling with such children if the licensed health care professionals: (1) are acting in their pastoral or religious capacity as members of the clergy or as religious counselors; and (2) do not hold themselves out as operating pursuant to their professional licenses when so acting in their pastoral or religious capacity.
They have to take off their professional licensee hat and put on their clerical hat.
A group called the Alliance Defending Freedom points out the Catch-22 in that.
Nevada law states that it is unlawful for any person to engage in the practice of marriage and family therapy unless the person is licensed the Alliance points out. Telling licensed professionals that they can only engage in certain speech and activities if they do so outside of the umbrella of their license exposes them to ethical and legal liability. It places them between a rock and a hard place. If they do the counseling under their license, they violate SB 201; if they do it outside the scope of their license, they violate another law.
What a tangled web lawmakers weave when they decide they know whats best for young people, and they and their parents dont.
The Latin phrase is in loco parentis, meaning in the place of a parent. The emphasis should be on the loco. Someone should challenge the constitutionality of this law in court.
Link:
Conversion therapy ban violates First Amendment - Mesquite Local News
- How Tempe debate over feeding homeless at parks is becoming a First Amendment conversation - KJZZ - July 10th, 2025 [July 10th, 2025]
- IRS: Pastors and Politicians Dont Lose First Amendment Rights in Pulpit - Focus on the Family - July 10th, 2025 [July 10th, 2025]
- Trump admin waffles in court on whether pro-Palestinian foreigners have full First Amendment rights - Politico - July 8th, 2025 [July 8th, 2025]
- Airlines deportation deal with ICE sparks protests and boycott campaign, leading to First Amendment battle - The Free Speech Project - July 8th, 2025 [July 8th, 2025]
- Trump Judges Find No First Amendment Problem With Florida Forcing Teachers to Misgender Themselves - Balls and Strikes - July 8th, 2025 [July 8th, 2025]
- High Court To Hear Street Preacher's First Amendment Case - Law360 - July 6th, 2025 [July 6th, 2025]
- The Columbus Connection First Amendment, Independence Day Thoughts, and Happy Birthday CCN - Columbus County News - July 6th, 2025 [July 6th, 2025]
- Paramounts Trump Lawsuit Settlement: Curtain Call for the First Amendment? (Guest Column) - IMDb - July 6th, 2025 [July 6th, 2025]
- Fourth of July is a reminder to understand your First Amendment rights - The News Journal - July 4th, 2025 [July 4th, 2025]
- Big Tech Can't Hide Behind the First Amendment Anymore | Opinion - Newsweek - July 4th, 2025 [July 4th, 2025]
- FIRE amicus brief: First Amendment bars using schoolkid standards to silence parents' speech - FIRE | Foundation for Individual Rights and Expression - July 4th, 2025 [July 4th, 2025]
- The First Amendment Protects CNN's Reporting on ICEBlock and Iran - Reason Magazine - July 4th, 2025 [July 4th, 2025]
- MCPS to pay $125K to two county residents who sued over alleged First Amendment violations - Bethesda Magazine - July 4th, 2025 [July 4th, 2025]
- Commentary: Winter Garden arrest threat violated First Amendment rights - Orlando Sentinel - July 4th, 2025 [July 4th, 2025]
- First Amendment Expert Responds To BHUSD Policy - Hoover Institution - July 4th, 2025 [July 4th, 2025]
- Donald Trump: the surprise force who saved the First Amendment - Washington Times - July 4th, 2025 [July 4th, 2025]
- Paramount Will Pay $16 Million in Settlement With Trump Over 60 Minutes Interview - First Amendment Watch - July 4th, 2025 [July 4th, 2025]
- Trump Judges Reject First Amendment Challenge and Uphold Florida Law Requiring Teachers to Use Only Pronouns that Align with their Gender at Birth -... - July 4th, 2025 [July 4th, 2025]
- Justice Thomas sounds alarm on courts misapplying First Amendment in political speech cases - Courthouse News - July 2nd, 2025 [July 2nd, 2025]
- 'The full rigor of the Court's resources': Judge warns Trump against witness 'retribution' in First Amendment case over threatened deportations - Law... - July 2nd, 2025 [July 2nd, 2025]
- Federal Appellate Court Finds that School Board President Violated First Amendment in Restricting Followers on Social Media - JD Supra - July 2nd, 2025 [July 2nd, 2025]
- Protecting Kids Shouldnt Mean Weakening the First Amendment - Public Knowledge - July 2nd, 2025 [July 2nd, 2025]
- Opinion - Jesse Green: Congress must not violate First Amendment in fight against anti-semitism - Northern Kentucky Tribune - June 29th, 2025 [June 29th, 2025]
- VICTORY: New York high school to strengthen First Amendment protections following FIRE lawsuit - FIRE | Foundation for Individual Rights and... - June 28th, 2025 [June 28th, 2025]
- FCCs First Amendment Tour Arrives in Kentucky - The Daily Yonder - June 28th, 2025 [June 28th, 2025]
- ACLU of Pennsylvania Applauds Passage of Legislation to Expand First Amendment Protections in the Commonwealth - ACLU of Pennsylvania - June 28th, 2025 [June 28th, 2025]
- FIRE to court: AI speech is still speech and the First Amendment still applies - FIRE | Foundation for Individual Rights and Expression - June 28th, 2025 [June 28th, 2025]
- Podcast: Broadcast Journalism, First Amendment, and the Future - Wisconsin Broadcasters Association - June 28th, 2025 [June 28th, 2025]
- Advertising Companies Cave to the FTC. Media Matters Sues To Defend the First Amendment. - Reason Magazine - June 28th, 2025 [June 28th, 2025]
- Punishing Universities for Their Viewpoints Violates the First Amendment - Cato Institute - June 28th, 2025 [June 28th, 2025]
- Palestinian Student Sues Michigan School Over Teachers Reaction to Her Refusal To Stand for Pledge - First Amendment Watch - June 28th, 2025 [June 28th, 2025]
- CDT and EFF Urge Court to Carefully Consider Users First Amendment Rights in Garcia v. Character Technologies, Inc. - - Center for Democracy and... - June 24th, 2025 [June 24th, 2025]
- University of Oregon ordered to cover legal fees after settling First Amendment lawsuit - Campus Reform - June 24th, 2025 [June 24th, 2025]
- City attorney cites First Amendment rights in allowing rally; Third Street to open soon - Northern Wyoming News - June 20th, 2025 [June 20th, 2025]
- Guest column: 1,000 gathered in Oak Ridge to defend First Amendment - Oak Ridger - June 20th, 2025 [June 20th, 2025]
- Fighting Antisemitism Should Not Come at the Expense of the First Amendment - Reason Magazine - June 18th, 2025 [June 18th, 2025]
- How Hawley, Marshall choose Trump over the First Amendment | Opinion - Kansas City Star - June 18th, 2025 [June 18th, 2025]
- FARRAND: Saturday was a day we exercised three of our First Amendment rights - thenewsherald.com - June 18th, 2025 [June 18th, 2025]
- The State of the First Amendment in the University of North Carolina System - FIRE | Foundation for Individual Rights and Expression - June 18th, 2025 [June 18th, 2025]
- The First Amendment is Again in Colorados Crosshairs - The Federalist Society - June 18th, 2025 [June 18th, 2025]
- The Military Parade and Protections of the First Amendment - Just Security - June 18th, 2025 [June 18th, 2025]
- Court ruling clarifies limits of NCs First Amendment protection - Carolina Journal - June 18th, 2025 [June 18th, 2025]
- Letter to the Editor - Campbell County Democrats Cherish First Amendment Rights - The Mountain Press - June 18th, 2025 [June 18th, 2025]
- Editorial: Lets remember the peaceably part of First Amendment - Everett Herald - June 18th, 2025 [June 18th, 2025]
- PETA Sues NIH, NIMH in Groundbreaking First Amendment Lawsuit - People for the Ethical Treatment of Animals (PETA) - June 18th, 2025 [June 18th, 2025]
- First Amendment expert explains the right to protest amid 'No Kings' movement - CBS News - June 18th, 2025 [June 18th, 2025]
- ACLU of Nevada shares guidelines for protesters to safeguard their First Amendment rights - KSNV - June 18th, 2025 [June 18th, 2025]
- Las Vegas ICE protests: First Amendment right or breaking the law? - KLAS 8 News Now - June 18th, 2025 [June 18th, 2025]
- Rights afforded to protestors by the First Amendment, and what it does not give you the right to do - Action News Now - June 18th, 2025 [June 18th, 2025]
- What can and can't you do with your First Amendment right of free speech? - KMPH - June 18th, 2025 [June 18th, 2025]
- The First Amendment Is the backbone of democracy - Herald-Banner - June 18th, 2025 [June 18th, 2025]
- First Amendment thoughts ahead of weekend protests | Whales Tales - Auburn Reporter - June 18th, 2025 [June 18th, 2025]
- Mass. AFL-CIO president says Trump administration is 'ripping up' the First Amendment - WBUR - June 10th, 2025 [June 10th, 2025]
- No First Amendment Violation in Excluding Associated Press from "the Room Where It Happens" - Reason Magazine - June 10th, 2025 [June 10th, 2025]
- Contra the Trump FTC, Boycotts Are Protected by the First Amendment - RealClearMarkets - June 10th, 2025 [June 10th, 2025]
- Letter to the editor: Thanks to EPD for respecting my First Amendment rights on Palestine and Israel - Evanston RoundTable - June 10th, 2025 [June 10th, 2025]
- Texas Harassment Conviction for Sending 34 Messages Over 15 Weeks to Ex-Therapist Violates First Amendment - Reason Magazine - June 10th, 2025 [June 10th, 2025]
- Opinion | This Trump Executive Order Is Bad for Human Rights and the First Amendment - The New York Times - June 10th, 2025 [June 10th, 2025]
- Contra the FTC, Boycotts Protected by First Amendment - RealClearMarkets - June 10th, 2025 [June 10th, 2025]
- PBS sues Trump administration over funding cuts, alleging they violate First Amendment - CBS News - June 1st, 2025 [June 1st, 2025]
- British Attacks on Free Speech Prove the Value of the First Amendment - Reason Magazine - June 1st, 2025 [June 1st, 2025]
- Students Protesting the Genocide in Gaza Are Losing Their First Amendment Rights - splinter.com - June 1st, 2025 [June 1st, 2025]
- PBS sues Trump administration, says executive order cutting federal funding violates First Amendment - Fox News - June 1st, 2025 [June 1st, 2025]
- PBS sues Trump over funding cuts to public media and alleges First Amendment violation - Business Insider - June 1st, 2025 [June 1st, 2025]
- Trump Lawyers Claim 60 Minutes Harris Interview Caused Him Mental Anguish, Argue That the First Amendment Is No Shield to News Distortion in Motion to... - June 1st, 2025 [June 1st, 2025]
- Trumps executive orders: Due process, breathtaking sweeps, and the evils of intentional vagueness First Amendment News 472 - FIRE | Foundation for... - June 1st, 2025 [June 1st, 2025]
- Free speech is the rule: Alito wants more First Amendment protections for students after middle schooler is punished for wearing There Are Only Two... - June 1st, 2025 [June 1st, 2025]
- Judge Denies Artificial Intelligence Chatbot First Amendment Protections in Lawsuit - FindLaw - June 1st, 2025 [June 1st, 2025]
- NPR sues over Trump order cutting off its funding, citing First Amendment - Duncan Banner - June 1st, 2025 [June 1st, 2025]
- South Bend Stops YouTubers Bid to Revive First Amendment Claim - Bloomberg Law News - May 17th, 2025 [May 17th, 2025]
- Trump Administration Likely Violated American Bar Association's First Amendment Rights - Reason Magazine - May 15th, 2025 [May 15th, 2025]
- Perkins Coie Litigation Team Secures First Amendment Federal Court Win for DEF CON - Perkins Coie - May 15th, 2025 [May 15th, 2025]
- How swiftly power can be weaponized against dissenting voicesincluding the free and open press as protected by the First Amendment - Northeast Valley... - May 15th, 2025 [May 15th, 2025]
- NYUs First Amendment Watch Launches Trump 2.0: Executive Power and the First Amendment - NYU - May 10th, 2025 [May 10th, 2025]
- CCIA Files Amicus Brief Defending the First Amendment Rights of Email Service Providers - CCIA - May 10th, 2025 [May 10th, 2025]
- Zick on executive orders and official orthodoxies First Amendment News 469 - FIRE | Foundation for Individual Rights and Expression - May 10th, 2025 [May 10th, 2025]
- Why Journalists Must Band Together to Defend the First Amendment - PEN America - May 10th, 2025 [May 10th, 2025]
- Youngkin vetoes Confederate tax break roll back, but First Amendment scholar says that might be best - WHRO - May 10th, 2025 [May 10th, 2025]
- Baxter County facing $102,757 payment after losing eight-year First Amendment lawsuit - Mountain Home Observer - May 10th, 2025 [May 10th, 2025]
- DOJ to investigate this new Washington law for first amendment violations - KGW - May 10th, 2025 [May 10th, 2025]