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the-first-amendment-and-sexual-orientation-“conversion-therapy”—next-stop,-the-supreme-court?

The First Amendment and Sexual Orientation “Conversion Therapy”—Next Stop, the Supreme Court?

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From Judge Diarmuid O’Scannlain’s opinion respecting rehearing en banc released today (and joined by Judges Sandra Ikuta, Ryan Nelson, and Lawrence VanDyke) in Tingley v. Ferguson: Is therapeutic speech speech? Does a tradition of licensing a given profession override all First Amendment limits on licensing requirements? The three-judge panel answered ‘no’ to the first question, […]

Title IX Statutory Exemption for Religious Institutions Doesn’t Violate Constitutional Rights of Sexual Minorities

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From today’s decision by Judge Ann Aiken (D. Ore.) in Hunter v. U.S. Dep‘t of Ed.; I think this is quite right, because the government has no constitutional obligation to prohibit sex discrimination (or race discrimination, religious discrimination political discrimination, or what have you) by private institutions, even ones that get government funds: Plaintiffs challenge […]