A Matter of Speech or a Matter of Safety? International Bans on Conversion Therapy and the Constitutionality of Germany’s Partial Ban for Juveniles
Loading...
Date
2022-05-04
Authors
Johnson, Zachary M.
Journal Title
Journal ISSN
Volume Title
Publisher
University of Oregon School of Law
Abstract
This Comment argues that the recently passed German ban on conversion therapy for juveniles would likely be deemed constitutional in the United States; accordingly, Congress should consult the German ban before introducing additional drafts of the Therapeutic Fraud Prevention Act. The substantiation for this argument is twofold. First, First Amendment protections for free speech and religious expression are not implicated in the banning of conversion therapy for juveniles because such bans concern only the regulation of conduct, not speech. Second, Fourteenth Amendment parental rights are not implicated in the banning of conversion therapy for juveniles because parents maintain no constitutional right to subject their children to harmful practices.
Description
40 pages
Keywords
International law, Sexual reorientation programs, Constitutional law, Sexual orientation, Mental health
Citation
23 Or. Rev. Int'l L. 209