Said Jim Campbell, lawyer for the Alliance Defending Freedom, quoted in "Supreme Court to hear arguments on Colorado ban of conversion therapy for minors" (WaPo). Oral argument is this morning.
The Supreme Court laid out a test for state laws regulating speech by medical professionals in a 2018 case. The government must show a compelling interest to impose content-based regulation on professional speech and must narrowly tailor any such law, the court ruled. Nevertheless, the high court found the government could regulate professional conduct that “incidentally” steps on free speech rights....
The state points to studies that show conversion therapy is ineffective and harmful.... What’s more, the state argues, if the Supreme Court embraces [the therapist's] free speech arguments, it could undermine professional standards and consumer protections....
There seems to be a weakness in the whole idea of the government licensing talk therapists. People can talk to each other about whatever they want, when there's no issue of the state giving the relationship a seal of approval. Once there is a system of designating some conversationalists "licensed therapists," it must consist of line-drawing about speech.
And if Colorado gets away with its ban on conversion therapy, wouldn't that entitle some other state to ban affirming transgender identity?
UPDATED: I listened to most of the oral argument (which was available at the WaPo link). I'll have more to say when I get the transcript. 3 things I'll be looking for are: 1. Whether the state can take sides in what is really an ideological dispute, 2. Would the state's argument work in "mirror image" cases, where a state has adopted the other ideological side, and 3. Did the lawyer for Colorado really say that "talk therapy" was around at the time of the founding?
