Political Wrinkles  

Go Back   Political Wrinkles > Political Forums > Civil Rights & Abortion
Register FAQDonate PW Store PW Trivia Members List Calendar Search Today's Posts Mark Forums Read

Civil Rights & Abortion Discuss Judge Blocks California Ban On Gay Conversion Therapy at the Political Forums; A federal judge on Monday temporarily blocked California's ban on therapy that aims to convert minors from gay to straight, ...

Reply
 
Share LinkBack Thread Tools Display Modes
  #1 (permalink)  
Old 12-04-2012, 10:56 AM
lurch907's Avatar
Scholar
 
Join Date: Apr 2010
Location: Alaska, the greatest place on earth.
Gender: Male
Posts: 2,463
Thanks: 561
Thanked 1,158 Times in 752 Posts
Default Judge Blocks California Ban On Gay Conversion Therapy

Quote:
A federal judge on Monday temporarily blocked California's ban on therapy that aims to convert minors from gay to straight, the LA Times reports:

U.S. District Judge William Shubb ruled that the new law, SB 1172, signed by Gov. Jerry Brown earlier this year, may inhibit the 1st Amendment rights of therapists who oppose homosexuality. The judge signed a temporary injunction that prohibits the state from enforcing the ban, the first of its kind in the nation, against the three plaintiffs in the suit pending trial.
Judge Blocks California Ban On Gay Conversion Therapy | TPM LiveWire
Reply With Quote
  #2 (permalink)  
Old 12-04-2012, 11:17 AM
Guide
 
Join Date: Mar 2011
Posts: 406
Thanks: 28
Thanked 121 Times in 92 Posts
Default Re: Judge Blocks California Ban On Gay Conversion Therapy

Quote:
may inhibit the 1st Amendment rights of therapists who oppose homosexuality.
How has their right to oppose homosexuality been inhibited?

Reply With Quote
  #3 (permalink)  
Old 12-04-2012, 11:24 AM
saltwn's Avatar
PW Enlightenment
 
Join Date: Oct 2007
Location: in the natural state
Posts: 55,352
Thanks: 40,556
Thanked 20,622 Times in 14,339 Posts
Send a message via Yahoo to saltwn
Default Re: Judge Blocks California Ban On Gay Conversion Therapy

and in other news ...judge blocks desegregation order citing constitutional rights of school administrators to expand personal bigotry to public institutions...
no wait
__________________
5 weeks till Thanksgiving; 9 weeks till Christmas...let that sink in
Reply With Quote
  #4 (permalink)  
Old 12-04-2012, 11:28 AM
catusfelidae's Avatar
Scholar
 
Join Date: Nov 2011
Gender: Female
Posts: 3,065
Thanks: 3,633
Thanked 1,964 Times in 1,241 Posts
Default Re: Judge Blocks California Ban On Gay Conversion Therapy

Quote:
Originally Posted by sadisticpixie View Post
How has their right to oppose homosexuality been inhibited?

The first amendment gives us freedom of speech and freedom of religion. This law basically says......."Under penalty of law, as a therapist you may not say 'this' about your religion".

On the one hand, that violates speech and religious freedoms.

On the other hand, not all speech and things done in the name of religion are protected.

On the third hand, this law only applied to therapy directed at minors. Under the law, minors are not generally granted the right or ability to act in their own best interests.



__________________
Never annoy a cat. We like our meals hot and bleeding.
Reply With Quote
  #5 (permalink)  
Old 12-04-2012, 11:50 AM
dabateman's Avatar
Common Sense-Common Good
 
Join Date: Oct 2007
Posts: 15,625
Thanks: 2,051
Thanked 8,182 Times in 4,773 Posts
Default Re: Judge Blocks California Ban On Gay Conversion Therapy

Not having a written decision before me, I can't really speak to the full rationale of the judge.

Per the article, there is a TEMPORARY injunction that prevents the state from enforcing the law. A TEMPORARY injunction is a fairly standard remedy when someone claims an infringement of a right. This will allow the law to go through judicial review to determine if there actually is a legitimate argument.

So this, by no means, should be assumed to be "blocking" the legislation or "overturning" the legislation, as it is a temporary injunction to allow the review of the issue.

Many of the questions asked get to the merits of the case by those who would seek to continue conversion therapy. Those questions will be resolved when this goes to court on the merits.

On the question of the merits, I'm not sure there is a strong case supporting a first amendment violation. It would seem to be that there would be no actual violation of speech, one can say what they want. This is, to my mind, a question of activity outside the protections of the first amendment.
__________________
Quote:
Originally Posted by Johnny Cash
You build on failure. You use it as a stepping stone. Close the door on the past. You don't try to forget the mistakes, but you don't dwell on it. You don't let it have any of your energy, or any of your time, or any of your space.
Reply With Quote
The Following User Says Thank You to dabateman For This Useful Post:
  #6 (permalink)  
Old 12-04-2012, 11:52 AM
Awahso's Avatar
Future Pig
 
Join Date: Jun 2012
Location: Georgia
Gender: Male
Posts: 1,815
Thanks: 859
Thanked 1,189 Times in 714 Posts
Default Re: Judge Blocks California Ban On Gay Conversion Therapy

Quote:
Originally Posted by catusfelidae View Post
The first amendment gives us freedom of speech and freedom of religion. This law basically says......."Under penalty of law, as a therapist you may not say 'this' about your religion".

On the one hand, that violates speech and religious freedoms.

On the other hand, not all speech and things done in the name of religion are protected.

On the third hand, this law only applied to therapy directed at minors. Under the law, minors are not generally granted the right or ability to act in their own best interests.



You see, this is why human beings can't have rights. Might not be as fair, but it would be a hell of a lot easier to run a country under a dictatorship.
__________________
"In Honor There Is Hope"

Canada born, Georgia raised.
Reply With Quote
  #7 (permalink)  
Old 12-04-2012, 12:57 PM
faithful_servant's Avatar
PW Enlightenment
 
Join Date: Jun 2008
Location: Beautiful conservative Central Oregon
Gender: Male
Posts: 19,291
Thanks: 6,030
Thanked 8,054 Times in 5,528 Posts
Default Re: Judge Blocks California Ban On Gay Conversion Therapy

"Mom, Dad. I keep having homosexual thoughts, but I don't want to be a homosexual. Can you get me help with this?" "Sorry, sweetie, but we live in California and we're not allowed to do that." "OK, I'll just be upstairs with a razor blade and my own personal pain. Maybe I'll come down later... or maybe not..."
Reply With Quote
The Following User Says Thank You to faithful_servant For This Useful Post:
  #8 (permalink)  
Old 12-04-2012, 12:58 PM
catusfelidae's Avatar
Scholar
 
Join Date: Nov 2011
Gender: Female
Posts: 3,065
Thanks: 3,633
Thanked 1,964 Times in 1,241 Posts
Default Re: Judge Blocks California Ban On Gay Conversion Therapy

Quote:
Originally Posted by Awahso View Post
You see, this is why human beings can't have rights. Might not be as fair, but it would be a hell of a lot easier to run a country under a dictatorship.
Sounds good to me. As long as *I* am the dictator.
__________________
Never annoy a cat. We like our meals hot and bleeding.
Reply With Quote
  #9 (permalink)  
Old 12-04-2012, 01:45 PM
dabateman's Avatar
Common Sense-Common Good
 
Join Date: Oct 2007
Posts: 15,625
Thanks: 2,051
Thanked 8,182 Times in 4,773 Posts
Default Re: Judge Blocks California Ban On Gay Conversion Therapy

Quote:
Originally Posted by faithful_servant View Post
"Mom, Dad. I keep having homosexual thoughts, but I don't want to be a homosexual. Can you get me help with this?" "Sorry, sweetie, but we live in California and we're not allowed to do that." "OK, I'll just be upstairs with a razor blade and my own personal pain. Maybe I'll come down later... or maybe not..."
The kid needs therapy, but conversion therapy is not the answer. The kid can still get therapy...
__________________
Quote:
Originally Posted by Johnny Cash
You build on failure. You use it as a stepping stone. Close the door on the past. You don't try to forget the mistakes, but you don't dwell on it. You don't let it have any of your energy, or any of your time, or any of your space.
Reply With Quote
The Following User Says Thank You to dabateman For This Useful Post:
  #10 (permalink)  
Old 12-04-2012, 01:53 PM
faithful_servant's Avatar
PW Enlightenment
 
Join Date: Jun 2008
Location: Beautiful conservative Central Oregon
Gender: Male
Posts: 19,291
Thanks: 6,030
Thanked 8,054 Times in 5,528 Posts
Default Re: Judge Blocks California Ban On Gay Conversion Therapy

Quote:
Originally Posted by dabateman View Post
The kid needs therapy, but conversion therapy is not the answer. The kid can still get therapy...
But if that's what he/she wants, why should anyone stop him/her from getting it?? What happened to that good old fashioned liberal ideal of freedom of choice? If a kid has homosexual urges or has acted out in homosexual ways and wants to stop, why should the State of California prevent him/her from doing so?? It's about the kids wishes and nothing else. This shouldn't be a referendum on homosexuality, but on the kid's freedom to choose their path in life. If this was a ban on counseling kids who want to explore thier homosexual feelings, you'd be screaming bloody murder. This is no different. It's stopping the kid from getting the help they want to move towards being the person they want to be in a healthy manner.
Reply With Quote
Reply

Tags
ban, blocks, california, conversion, gay, judge, therapy

Thread Tools
Display Modes

Posting Rules
You may not post new threads
You may not post replies
You may not post attachments
You may not edit your posts

BB code is On
Smilies are On
[IMG] code is On
HTML code is Off
Trackbacks are On
Pingbacks are On
Refbacks are On

Forum Jump


All times are GMT -5. The time now is 01:43 AM.


Powered by vBulletin® Version 3.8.7
Copyright ©2000 - 2014, vBulletin Solutions, Inc.

Content Relevant URLs by vBSEO 3.2.0