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Reason
Reason
Politics
Eugene Volokh

S.C. A.G.: City Can't Ban Sexual Orientation / Gender Identity Change Therapy for Minors

The South Carolina Attorney General's opinion, issued last week, is here; here's the Conclusion, though you'll see that the A.G. acknowledges that there's a split of opinion among federal appellate courts on the subject:

While courts have reached varying conclusions regarding whether an ordinance [or statute] banning conversion therapy violates the First Amendment, we think a court is likely to conclude that the First Amendment is infringed by the Columbia ordinance. The Eleventh Circuit decision in Otto, which concluded that the First Amendment is violated in such circumstances, is well reasoned, and follows the Supreme Court's decision in NIFLA. As the Court in Otto concluded, "[p]eople have intense moral, religious, and spiritual views about these matters—on all sides. And that is exactly why the First Amendment does not allow communities to determine how their neighbors may be counseled about matters of sexual orientation or gender." We agree.

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