Unlike the 18 states that ban gay conversion therapy for minors, NYC’s prohibits the practice for all people, including adults. - NBCOUT
Dale Carpenter, professor of constitutional law at Southern Methodist University, said the"concern gay rights advocates have is the line between adults and children might not be so clear." However, he added,"we definitely don’t want to tempt the court to erase the line."
Carpenter said that the court has found that tobacco companies have a free speech right to advertise to adults, but not to children, even though the harm of smoking tobacco is indisputable. Indeed, he said, the right for an adult to solicit conversion therapy services may be constitutionally protected.
“The argument would be: Adults have a right, under the first amendment, to receive information and ideas, regardless of the worth or merit of that information or ideas,” said Carpenter. He said Justice Thurgood Marshall wrote in 1969 that “adults have the right to possess even obscenity in their home, even though obscenity itself was not protected by the First Amendment.”
“I think there’s a second aspect, a second dimension to the constitutional argument, that actually has been augmented by court decisions in gay rights victories,” Carpenter continued. “Courts have said in cases like Lawrence v. Texas, and Obergefell that individuals have the right to define their own concept of their existence and identity free from state coercion.”
Currently, adults living in New York State — outside New York City, where ADF’s client practices — are fully entitled under the law to pay for conversion therapy services from a professional who is selling it, even if state law also enables them to seek compensation if they later believe this service was offered “fraudulently.”
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