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LetMyPeopleVote

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28. Deadline Legal Blog-Justice Ketanji Brown Jackson steps out alone, again - this time on 'conversion therapy'
Tue Mar 31, 2026, 03:18 PM
Tuesday

The Biden appointee made the rare move of dissenting from the bench, in the latest action separating her from her colleagues.

Justice Ketanji Brown Jackson steps out alone, again – this time on ‘conversion therapy’

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Irish News 🇮🇪 (@news-flows-ir.bsky.social) 2026-03-31T16:56:54.000000Z

https://www.ms.now/deadline-white-house/deadline-legal-blog/justice-ketanji-brown-jackson-dissent-conversion-therapy

In her dissent, the Biden appointee wrote that the practice of seeking to “convert” a person’s sexual orientation or gender identity has been “widely discredited within the medical and scientific community” and found to cause “lasting psychological harm.”

Departing from Justice Neil Gorsuch’s majority opinion for eight members of the court, Jackson wrote, “The conclusion that a State can regulate the provision of medical care even if, in so doing, it incidentally restricts the speech of some providers, fully comports with the First Amendment’s animating principles.”

She continued: “Ultimately, because the majority plays with fire in this case, I fear that the people of this country will get burned.” Until now, she wrote, licensed medical professionals couldn’t do or say whatever they wanted. States could regulate them, which, she wrote, contributed to the high quality of American care.

“Today, the Court turns its back on that tradition,” Jackson wrote. “And, to be completely frank, no one knows what will happen now.” She accused the majority of reaching this “momentous decision” without “adequately grappling with the potential long-term and disastrous implications of this ruling.”

The justice closed her solo dissent by worrying about the majority having opened a “dangerous can of worms” that “threatens to impair States’ ability to regulate the provision of medical care in any respect,” pushes the Constitution “into uncharted territory in an utterly irrational fashion” and “risks grave harm to Americans’ health and wellbeing.”

I agree with Jackson's dissent. I believe that conversion therapy is close to torture. The fact that you can use "talk therapy" may open a dangerous can of worms. I strongly believe in the First Amendment but here there needs to be limits. Talk therapy is less objectionable compared to other methods of conversion therapy but it has risks.

Recommendations

1 members have recommended this reply (displayed in chronological order):

Obergefell is in danger Prairie Gates Tuesday #1
I doubt Obergefell makes it through next year's docket JT45242 Tuesday #11
I don't know that there's a live case coming through the courts that would challenge Obergefell Prairie Gates Tuesday #15
Not any time soon FBaggins Tuesday #29
There were actually two reasons for my timeframe in my post Prairie Gates Tuesday #30
Conversion therapy is torture LetMyPeopleVote Tuesday #2
I could accept this, though not like it, if this principle were being applied anything like equally dsc Tuesday #3
Yikes! Kagan and Sotomayor concurring with the conservatives Jose Garcia Tuesday #4
This is an excerpt from the Kagan & Sotomayor concurring opinion. Justice Kagan authored it & Justice Sotomayor joined. 24601 Tuesday #6
Disappointing. Conversion therapy is harmful quackery. SunSeeker Tuesday #9
They actually cover that in the opinion Shrek Tuesday #12
Yelling "Fire!" in a crowded theater is "only speech" as well, but it is regulated. SunSeeker Tuesday #16
Sure, but yelling in a crowded theatre isn't speech based on viewpoint Shrek Tuesday #23
Asserting there is a fire is definitely a viewpoint. SunSeeker Yesterday #34
Or they just voted for what they thought was right Polybius Tuesday #24
The weird christo-fascist sleep-away camps wolfie001 Tuesday #5
They charge a lot of money for those camps. dickthegrouch Tuesday #19
No protections from mental abuse by religious fanatics. maxsolomon Tuesday #7
"We condone child abuse," says Supreme Court sakabatou Tuesday #8
WTF? It is not a Free Speech question. It is a medical, sociological, and ethical question. Martin68 Tuesday #10
Apparently that's how it works, according to the opinion Shrek Tuesday #14
That is impossible angrychair Tuesday #20
If that is what the decision is based on, then it does seem reasonable to me. As long as advice is freely requested and Martin68 Tuesday #22
Many of the people undergoing conversion therapy are minors forced by their bigoted Christian parents. Lonestarblue Tuesday #26
I agree entirely. My point is if the subject request advice, that is legit. Does the court finding allow parents to Martin68 Tuesday #31
Abuse because of a child's gender identity or sexual orientation certainly isn't a domain exclusive to Christianity. 24601 Tuesday #32
The court opened the door to any and all quack Klarkashton Tuesday #13
Sweet, I'll set up shop tomorrow angrychair Tuesday #17
So it'll be okay for us to develop a conversion therapy program... WestMichRad Tuesday #18
MAGAt conversion therapy. AWESOME! Dr. T Tuesday #25
Lots of other instances where the government is restricting speech. dickthegrouch Tuesday #21
Deadline Legal Blog-Supreme Court sides with Christian counselor over Colorado on 'conversion therapy' for minors LetMyPeopleVote Tuesday #27
Deadline Legal Blog-Justice Ketanji Brown Jackson steps out alone, again - this time on 'conversion therapy' LetMyPeopleVote Tuesday #28
If you would, expand a bit on the risks Shrek Yesterday #35
Desperation. The clock is ticking. The Grand Illuminist Yesterday #33
Conversion Exploitation. Nothing therapy about it. Scott Alan Swaggerty Yesterday #36
Arguments in favor of 'conversion therapy' may be free speech, but the 'therapy' itself is not. Aristus Yesterday #37
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