The Supreme Court: RIP Literally Everything

All you need to know about gay conversion therapy is that it was (is?) the profession of Mr Michelle Bachman.

I’m personally on board with first three. Can’t do this to people who don’t consent or who can’t consent adequately (minors). Fourth just requires some cooking of books to get around or just start a non-profit organization. And I can’t really understand the problem with #5 if the advertisement is not for something that violates 1-4.

The other “problem” is that (assuming I’m reading it correctly), it is specifically prohibiting converting homsexual to heterosexual, but not the other way around. Now, I’ll be the first to agree that is where the problem actually lies, but if this were imported to the US, I can imagine some sort of equal protection problem that would pose. I’d be interested in what the lawbros think about that.

Once again, I’m not saying this is a bad idea, but it’s looks hard to execute it cleanly. Doesn’t mean we shouldn’t try.

I realize that I’ve said this a couple of times, but I think it bears repeating

-I’m not in support of Conversion therapy
-I think it’s stupid and abusive
-If we had laws that prohibited it, I would almost certainly not be opposed to them. I might be able to find some imperfections, but that doesn’t mean I don’t think the good would outweigh the problems.

Edit: I’ll add one more. I also think the vast majority of slippery slope arguments are dumb. Not 100% of them, though.

Yeah, I know that.

But do you think that’s going to stop some Heritage foundation lawbros from making the argument. Slippery slope wasn’t the only problem.

Once again, doesn’t mean it should be attempted.

You’re clearly missing the point, but I can’t tell if it’s intentional or not.

Obviously, the only problem with conversion therapy as it currently exists is related to trying to convert homosexual people to heterosexual. The issue is that you have to write a law to prohibit that. And that law has to conform to the constitution and other existing law. Furthermore, bad actors shouldn’t be able to use interpretations of this law (e.g. unequal treatment of individuals of different sexual orientations) to erode other good laws.

It’s not that easy to do. Again, I’m not saying that it shouldn’t be attempted.

Lockdown is a slippery slope to socialism. The trifecta!

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The short(ish) version of the law bro answer is that it is not necessarily unconstitutional to write a law that treats people differently on the basis of sexual orientation. It IS unconstitutional to write that law if there is not a valid reason for it (and not liking people of a particular orientation is not a valid reason).

So, to give yourself the best chance to win in court, you would need to develop a record (probably through legislative testimony) showing the harms of the types of “conversion therapy” you are trying to eliminate, that those techniques are used to try to turn LGBTQ+ individuals into “straight folks” (but not typically used the other way), and that you’ve tried to write the law as narrowly as possible to achieve your aims.

Oh, and I haven’t really thought about this too much, but you can probably write the law so that it is facially neutral, meaning that in the hypothetical situation where parents start sending their 13 year olds to pray away the straight camps because they really want a little lesbian, that can be outlawed too.

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dunno if it got posted but SCOTUS justices have new circuits

specific state that seems bad cliff notes are

PA–Alito
WI–Barrett
MI–Kavanaugh
GA–Thomas

long Circuit Assignments - Supreme Court of the United States

30 years of this shit incoming.

https://twitter.com/gregstohr/status/1331854706105331712?s=21

Is the logic that god is so vindictive that religious people will be punished for attending a service via zoom rather than in person?

probably has more to do with “shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof”

** With Justice Amy Coney Barrett joining the conservative wing in the majority,**

You don’t say…

COVID restrictions are generally applicable and not in any way targeting religion, not to mention they can just set up zoom worship. Just a transparently absurd, horseshit decision.

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They wouldn’t have to be specifically targeting religion to run afoul of the first amendment protection though.

The highest possible standard of review is strict scrutiny, requiring a compelling state interest and a government restriction that is narrowly tailored to meet the compelling state interest in the least restrictive way possible. That test is obviously met here, they’re just owning the libs. Beyond that, if I remember correctly from my Lawbro days, strict scrutiny doesn’t apply to laws of general applicability (not specifically aimed at religion), so strict scrutiny doesn’t even apply here and the decision is completely indefensible. They didn’t even get Roberts.

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maybe they just decided to use normal scrutiny

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This also overturned precedent from 1918 right? I recall reading recently that SCOTUS had ruled in favor of laws to mitigate the spread during that pandemic.

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I think that as long as laws/rules like that have a reasonably short expiry it shouldn’t be a big deal. I dunno 60 days.

Now they will say masks are against freedom which is ludicrous. No shirt no shoes. I fail to see how a mask is any difference.

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Are churches exempt from building code requirements?

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I am in favor of treating organized religion as an essential business for the purpose of COVID restrictions, but I also believe that religious activity isn’t being treated differently from secular activity by New York. It just happens that religious services are perhaps the only essential activity that involves gatherings of people.