Why the N.Y. City Council made the ‘painful’ decision to repeal its ban on conversion therapy

Washington Post 14 September 2019
Comment: Key part….
“By trying to regulate and censor private sessions between an adult and his counselor, New York City directly violated freedom of speech — a core right protected by the First Amendment,”

A New York City Council member on Thursday proposed repealing the city’s ban on conversion therapy to thwart a potential Supreme Court battle that could set precedent that would complicate efforts to outlaw the discredited practice.

Council Speaker Corey Johnson’s bill comes in response to a legal challenge from the Alliance Defending Freedom, a conservative Christian organization that alleges that the ban infringes upon freedom of speech and religion. The federal lawsuit, filed in January, targets the city’s ordinance prohibiting people from charging others for conversion therapy, which includes any technique meant to change a person’s sexual orientation or gender identity.

The decision to suggest eradicating the ban was “painful,” Johnson said in a statement. The council and Mayor Bill de Blasio (D), a 2020 presidential hopeful, are expected to support the repeal, which would take effect by October.

“After intense deliberation, the Council concluded that it was best to take this drastic step,” said Johnson, who is gay. “The courts have changed considerably over the last few years, and we cannot count on them to rule in favor of much-needed protections for the LGBTQ community.”

The move to repeal the ban is the first time Born Perfect, a legal campaign that works to end conversion therapy, has advocated undoing a prohibition to protect its strategy of pushing for local and state restrictions. Eighteen states, the District of Columbia and about 55 municipalities ban conversion therapy for juveniles.

The Alliance Defending Freedom has a history of elevating cases to the Supreme Court, where a conservative-leaning majority currently sits. The U.S. Court of Appeals for the 2nd Circuit, which includes New York, also has become more conservative since President Trump appointed three judges to it. Two other of his nominees for the 2nd Circuit are pending.

Roger Brooks, senior counsel for the Alliance Defending Freedom, called New York City’s plan to repeal the conversion therapy ban a “win” for the Orthodox Jewish psychotherapist behind the lawsuit, his clients and all New Yorkers.

“By trying to regulate and censor private sessions between an adult and his counselor, New York City directly violated freedom of speech — a core right protected by the First Amendment,” Brooks said in a statement. “The city council appears to have realized its error and correctly concluded that this censorship is unconstitutional.”

The ordinance, which imposes a $1,000 fine for a first offense, was susceptible to legal challenges because it is broader than other similar legislation. Most conversion therapy laws, including a New York state law that took effect in January, ban the practice just for juveniles.
READ MORE: https://www.washingtonpost.com/religion/2019/09/13/why-nycs-council-made-painful-decision-repeal-its-ban-conversion-therapy/