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11th Circuit Denies En Banc Review In Conversion Therapy Case
Religion Clause ^ | 7/21/22 | Howard Friedman

Posted on 08/01/2022 6:33:02 PM PDT by marshmallow

In Otto v. City of Boca Raton, Florida, (11th Cir., July 20, 2022), the U.S. 11th Circuit Court of Appeals, by a vote of 7-4,, denied an en banc rehearing in a case in which a panel decision of the court struck down a conversion therapy ban. (See prior posting). Concurring and dissenting opinions spanning 110 pages accompanied the brief order denying review. Judge Grant, joined by Judges Branch and Lagoa filed an opinion concurring in the denial, saying in part:

The perspective enforced by these local policies is extremely popular in many communities. And the speech barred by these ordinances is rejected by many as wrong, and even dangerous. But the First Amendment applies even to—especially to—speech that is widely unpopular....

Today’s dissenters decry the result of the panel decision—namely, that speech they consider harmful is (or may be) constitutionally protected. But to reach their preferred outcomes, they ask us to ignore settled First Amendment law

Judge Jordan joined by Judge Wilson, and joined in part by Judges Rosenbaum and Pryor, said in part:

[T]he panel majority in this preliminary injunction appeal ignored the clear error standard of review—never acknowledging or applying it —and substituted its own factual findings for those of the district court on important issues.

Judge Rosenbaum joined by Judge Pryor filed a dissenting opinion, saying in part.....

(Excerpt) Read more at religionclause.blogspot.com ...


TOPICS: Current Events; Moral Issues; Religion & Politics
KEYWORDS:

1 posted on 08/01/2022 6:33:02 PM PDT by marshmallow
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To: marshmallow

The liberals must have won because they are the ones who get the First Amendment. The rest of us have hate speech.


2 posted on 08/01/2022 6:35:53 PM PDT by Luke21
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To: marshmallow

That’s a huge win.

A sliver of sanity.


3 posted on 08/01/2022 6:43:17 PM PDT by Adder (Dumblecrats: Spending $$ we don't have on crap we don't need for people who pay no taxes.)
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To: Luke21
the U.S. 11th Circuit Court of Appeals, by a vote of 7-4,, denied an en banc rehearing in a case in which a panel decision of the court struck down a conversion therapy ban.

No, they lost, at least for now. However, rest assured they will continue to fight this or even just ignore the ruling.

4 posted on 08/01/2022 6:49:32 PM PDT by Robert DeLong
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To: Adder
That’s a huge win. A sliver of sanity.

Thanks for the translation.

5 posted on 08/01/2022 7:00:27 PM PDT by El Cid (Believe on the Lord Jesus Christ, and thou shalt be saved, and thy house...)
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To: marshmallow

Thanks for this informative post.

It has always astounded me that conversion therapy banners make even a pretense of passing 1A muster. Guess it astounded those seven appellate judges, too.

It’s puzzling why this ruling comes a full twenty months after its 2-1 daddy.


6 posted on 08/01/2022 7:03:43 PM PDT by Hebrews 11:6 (“And let us consider how we may spur one another on toward love and good deeds.” Hebrews 10:24)
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To: marshmallow

Good news.


7 posted on 08/01/2022 7:15:03 PM PDT by gitmo (If your theology doesn't become your biography, what good is it?)
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To: marshmallow

So they brainwash kids into thinking they’re the opposite sex, then get them on puberty blockers, then BAN therapy to straighten the Kia out?

Dems are disgusting. I wouldn’t raise a child in a blue state.


8 posted on 08/01/2022 7:17:21 PM PDT by youngidiot (Race is irrelevant to everyone except the racists )
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To: youngidiot

So they brainwash kids into thinking they’re the opposite sex, then get them on puberty blockers, then BAN therapy to straighten the Kia out?

Weird world. The government demands children be allowed to have doctors mutilate their bodies, but talking to someone about their sexual orientation to straighten them out, because the person wants to be straight, is taboo.


9 posted on 08/01/2022 8:01:35 PM PDT by Flick Lives
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To: marshmallow

yet they wouldn’t stop a ban on gay conversion therapy

https://www.nbcnews.com/feature/nbc-out/supreme-court-rejects-challenge-gay-conversion-therapy-ban-n753331


10 posted on 08/01/2022 9:26:39 PM PDT by stylin19a (It's a fine line tween a numerator and denomiator. only a fraction of people will find this funny)
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To: marshmallow

Its like a tripple negative read test. A Denial of review of a decision which denied a ban of something good...


11 posted on 08/02/2022 10:16:08 AM PDT by Bayard
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