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6 hints that ENDA exec order may be coming

Despite White House comments, evidence exists directive under consideration

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Jay Carney, White House, gay news, Washington Blade
White House Press Secretary, Jay Carney, Gay News, Washington Blade

White House Press Secretary, Jay Carney insists an executive order for LGBT workers is “hypothetical” (Washington Blade photo by Damien Salas).

If you tuned into his daily news conferences, you might get the sense from White House Press Secretary Jay Carney that the administration isn’t actively considering an executive order that would bar federal contractors from discriminating against LGBT workers.

One word that Carney often uses to describe the much sought directive is “hypothetical.”

That’s the word he used on Thursday when asked about the latest piece of evidence the order may be forthcoming — White House counselor John Podesta’s assertion on Bloomberg TV  that the executive order is “under consideration.”

“I don’t have any updates on that hypothetical EO; I can tell you that we strongly support action by the House in keeping with what the Senate did to get the Employment Non-Discrimination Act passed into law,” Carney said.

Speaking more to the point of Podesta’s assertion about an LGBT directive, Carney said “we look at and consider a lot things,” which neither confirms nor denies the directive is being discussed in the West Wing.

Instead, Carney took the opportunity to highlight President Obama’s support for ENDA, legislation that would bar employers from discriminating against or firing LGBT workers.

“If you look at the data on this issue — and specifically on the Employment Non-Discrimination Act — I think it is overwhelmingly demonstrated that this has the support of the American people across the country,” Carney said. “And as I’ve said again and again, this is — history is moving on this issue in the right direction, and opposing these kinds of things means finding yourself on the wrong side of history.”

The Senate passed ENDA on a bipartisan basis in September by a 64-32 vote. But the bill has seen no movement in the House, where Speaker John Boehner (R-Ohio) has continually said he opposes it. Last week, the Washington Blade reported that Boehner told the LGBT Equality Caucus there’s “no way” ENDA will get done this year.

Carney’s characterization of the executive order as hypothetical is riling at least one LGBT advocate, Freedom to Work’s Tico Almeida, who continues to say the directive is anything but hypothetical.

“There was nothing hypothetical about President Obama’s campaign promise to the LGBT community that he would take executive action to combat workplace discrimination at federal contractors,” Almeida told the Blade. “We’ll keep pushing until these workplace protections become a reality. It’s long past time to sign.”

It’s not the first time in recent memory the White House referred to the order as hypothetical. Just last week, he referred to the order as “hypothetical” in response to questioning from the Blade that ended testily.

After the conclusion of the briefing on Thursday, the Washington Blade shouted out to Carney: If the executive order were under consideration would you say so publicly? The White House spokesperson gave no response.

Evidence exists the White House is internally engaged in a process that would likely lead to President Obama signing the executive order. The Washington Blade has identified six hints the order is forthcoming despite the lack of updates in the White House briefing room.

1. Podesta’s comments the executive order is ‘under consideration’

The stongest evidence is Podesta — a known proponent of U.S. presidents taking executive action from his previous work heading the Center for American Progress  — unequivocally saying just last week the LGBT executive order is “under consideration” when asked about it by Bloomberg News.

“Well, what he said in the State of the Union was he was going to require federal contractors to pay a minimum wage of $10.10,” Podesta said. “The order that you’re talking about is under consideration at the White House. We’re looking at that.”

Asked by Bloomberg what Obama is likely to do, Podesta said, “Well, you know, I’m not going to prejudge that.” Podesta said there’s no good case for workplace discrimination.

2. DNC Treasurer e-mail saying ‘process’ holding up directive

Along those lines is an e-mail from Andy Tobias, treasurer of the Democratic National Committee, to LGBT donors on an off-the-record listserv indicating everyone in the administration is in favor of the executive order and the only thing holding it up is a “process.” The email, dated May 30, 2013, was leaked to the Washington Blade last year.

“I have spoken to people in an attempt to understand better myself what the delay is — and to lobby for its getting done,” Tobias wrote. “Those people have left me satisfied that our frustration is heard, that the hold-up is not staffers who oppose our rights but a process that is broader than just this one very important and long delayed agenda item.”

Tobias, who’s gay, indicates later in the email he’s convinced the order will happen at some point, noting other LGBT achievements and saying, “But they got done and this will get done too.“

3. White House continues to ‘study’ issue

In April 2012, when Senior Adviser to the President Valerie Jarrett met with LGBT advocates and told them the executive order wouldn’t happen at this time, one media report suggested forward movement was still happening.

ThinkProgress published a piece quoting Winnie Stachelberg, vice president of external relations at the Center for American Progress, saying instead of issuing the order the White House Council of Economic Advisers “will launch a study to better understand workplace discrimination.”

When asked about that quote by the Washington Blade close to the one-year anniversary of that meeting, White House spokesperson Shin Inouye said, “We continue to study the issue.” Sources familiar with the meeting said Jarrett didn’t say CEA would conduct the study, but noted there are multiple approaches and gave CEA as an example.

The White House has since declined to give more detail on the nature of the study — such as its purpose or whether it’s being done as a formal commission or an informal examination — nor say when it’ll be complete.

4. Obama’s 2008 campaign promise

LGBT advocates — including at Freedom to Work and the Human Rights Campaign — continue to say President Obama promised to sign the executive order when competing against Hillary Clinton for the Democratic nomination for president.

Their evidence it’s a campaign promise: an apparent 2008 questionnaire from the GLBT Houston Political Caucus that emerged in 2012 during Obama’s re-election campaign. Although it says nothing explicit about an executive order, Obama was asked if he supports a formal written policy against LGBT discrimination for federal contractors. The response was simply “yes.”

The White House has dodged when asked to comment on whether the president believes the order is a campaign promise. Noel Freeman, current president of the caucus, told the Blade he’s unable to verify the authenticity of the questionnaire.

5. Labor, Justice departments OK exec order: sources

Back when the idea of an executive order was gaining ground prior to the 2012 election, sources close to the administration told the Blade the Labor and Justice departments had green-lighted the directive, saying it could be implemented if the president signed it.

U.S. Attorney General Eric Holder is slated to give the keynote address at the Human Rights Campaign’s gala in New York City on Saturday. The content of his speech is thus far under wraps, but given the Justice Department’s work on this issue, it’s not outside the realm of possibility that he’ll make an announcement regarding the executive order.

6. Obama saying he’ll use his pen if Congress fails to act

The last piece of evidence suggesting an order may be forthcoming: President Onama’s declaration during the State of the Union address that he’ll take executive action if Congress refuses to act on his agenda.

“America does not stand still — and neither will I,” Obama said. “So wherever and whenever I can take steps without legislation to expand opportunity for more American families, that’s what I’m going to do.”

Obama has already acted on this threat by pledging to sign an executive order requiring federal contractors to pay employees a minimum wage of $10.10 an hour.

Given the media attention on the LGBT executive order, it stands to reason that issuing the order if Congress doesn’t move forward with ENDA has crossed Obama’s mind.

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U.S. Supreme Court

Colo. activists condemn SCOTUS conversion therapy ruling

8-1 decision could have sweeping implications

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Activists protest in front of the U.S. Supreme Court on Oct. 7, 2025. The justices on that day heard oral arguments in Chiles v. Salazar. (Washington Blade photo by Michael Key)

The Supreme Court ruled in Chiles v. Salazar that a Colorado law banning conversion therapy is unconstitutional, striking down the state’s 2019 statute and potentially impacting similar laws across the country. Religious advocates have hailed Tuesday’s decision as a victory for the First Amendment and evangelical Christians, while LGBTQ activists warn it could lead to increased harm for LGBTQ youth.

The conservative majority, joined by two progressive members of the court, sided 8–1 with Kaley Chiles on March 31 in what some critics are calling a landmark ruling for religious zealots, placing the teachings of the Bible above established medical consensus. Chiles, a Christian therapist who practices what she describes as “faith-based talk therapy for children,” challenged Colorado’s House Bill 19-1129, a law prohibiting licensed professionals from engaging minors in efforts to change their sexual orientation or gender identity through conversion therapy. She successfully argued that she and her clients have a constitutional religious right to choose the type of therapy they seek, effectively nullifying the Colorado law banning conversion therapy.

When the court heard oral arguments in October 2025, early questions indicated that the justices were likely to rule against the state in a matter involving LGBTQ rights, making this the fourth major LGBTQ rights case to come from Colorado since 1996.

In 1996, the Supreme Court overruled state initiative Amendment 2 in Romer v. Evans, which tried, but ultimately failed to restrict rules on gay people’s protected status in Colorado. Then in 2018, SCOTUS presided over Masterpiece Cakeshop v. Colorado Civil Rights Commission, when a Lakewood baker refused to make a cake for a gay client, which the state argued violated it’s civil rights commission order, but the court sided with the baker, ruling the commission had violated his Christian beliefs. In 2023 the court ruled in 303 Creative LLC v. Elenis  that a Denver-based web designer is legally allowed to refuse to make wedding websites for same-sex couples, and successfully arguing she was constitutionally protected under the First Amendment.

Chiles, who practices in Colorado Springs, combines traditional psychological approaches — including cognitive, behavioral, psychodynamic, and humanistic therapies — with Christian beliefs. She argued that the law violated her First Amendment rights by restricting her ability to practice therapy aligned with her religious values, as well as limiting the rights of clients seeking that form of care.

Conversion therapy, widely discredited by major medical and psychological associations, is defined as practices that attempt to change a person’s sexual orientation or gender identity. Under Colorado law, providers found in violation could face fines up to $5,000, suspension, or loss of licensure.

Lower courts — including a district court and the 10th Circuit — previously upheld the law, finding it regulated professional conduct rather than speech and therefore required only minimal constitutional scrutiny. However, the Supreme Court, with three Trump-appointed justices, determined that the lower courts failed to apply “sufficiently rigorous First Amendment scrutiny,” raising concerns about violations of both the Establishment Clause and the Free Exercise Clause. The ruling sends the case back to a lower court for further review.

The decision reflects a broader trend in recent years, with the current court — often referred to as the Roberts Court — more frequently siding with religious liberty claims, particularly those involving Christian plaintiffs.

To better understand the implications of the ruling, the Washington Blade spoke with Colorado-based LGBTQ advocacy organization Rocky Mountain Equality, which has spent decades organizing, educating, and providing services across the state.

Founded in 1994 as Boulder Pride, the organization has since expanded into a statewide force addressing LGBTQ issues, including healthcare, housing, and youth services. Now operating as Rocky Mountain Equality, the group saw a 62 percent increase in 2024 operating revenue, growing to more than $3.765 million while running the Equality Center of the Rocky Mountains in Boulder.

Mardi Moore, the chief executive officer of Rocky Mountain Equality, sat down with the Blade to discuss the ruling and its impact on the broader LGBTQ community, calling it both expected and deeply concerning.

“When the ruling came out today, I think we all knew it wasn’t going to be a winning battle after hearing arguments, but the 8-1 decision made me sad, and honestly, it’s turning into anger,” Moore told the Blade on Tuesday morning. “This is a really sad day — not just for LGBTQ kids, but for all kids in Colorado.”

Moore explained that the law passed with support from Colorado lawmakers and felt like progress toward making the state safer for LGBTQ residents.

While oral arguments were being heard in October, the Blade spoke to a group of conversion therapy survivors who came to the nation’s capital to protest the ban’s removal and support one another. Their stories detailed the emotional and physical toll of conversion therapy.

“We all know the horror stories, and we know conversion therapy is pseudoscience,” she continued. “About a decade ago, Colorado passed a bill with Executive Director Daniel Ramos at One Colorado — that banned conversion therapy with religious exceptions, which was a huge step forward.”

That step forward now feels like a step back, Moore suggested. While the ruling currently applies to Colorado, she warned it could embolden similar legal challenges nationwide.

“In our initial reading, this ruling only impacts Colorado and isn’t a broader issue for other states. But that doesn’t mean people who oppose LGBTQ rights won’t start fighting state by state,” Moore said. She pointed to the state’s history, including the fight against Amendment 2. “Here in Colorado, we’re used to these battles — we fought Amendment 2, and we’re still fighting now. There are two ballot measures this November: one targeting gender-affirming care for minors, and another banning trans youth from sports at all levels.”

These ballot measures, Moore explained, represent another attempt to restrict trans youth. One would limit gender-affirming surgeries for minors — procedures that research shows are extremely rare — while another would restrict sports participation based on sex assigned at birth.

“These efforts are trying to wipe trans kids off the map. This ruling is sickening — the religious right is still very active, and people who think voting doesn’t matter need to understand that presidents shape Supreme Courts.”

Moore emphasized that while national advocacy is critical, the fight increasingly comes down to local organizing and direct support.

“Here at Rocky Mountain Equality, we advocate for the community, train providers, and support people who have gone through conversion therapy. We have a strong youth program and will continue supporting young people in every way we can.”

“Colorado may seem progressive, but it’s still a purple state,” she added. “Messaging that works in Denver doesn’t always reach families who might send their kids to conversion therapy.”

The timing of the ruling — released on Trans Day of Visibility — also drew criticism.

“Releasing this decision on Trans Day of Visibility feels calculated. It takes a day meant for joy and turns it into another setback,” Moore said.

When asked about next steps, Moore pointed to state-apponited officials who support LGBTQ rights are likely reviewing options.

“I don’t have specifics yet on organized legal responses, but our attorney general, Phil Weiser, argued this case,” she said. “I imagine his office is reviewing every possible option right now.”

Despite the opinion dropping so recently, the emotional toll is already being felt.

“I texted a colleague this morning who went through conversion therapy — it was a sad emoji kind of day,” she said, also referencing a similiar feeling to the one she has now the case of Alana Chen, a University of Colorado Boulder student who died by suicide after experiencing conversion therapy.

“Her story devastated so many, including her mother,” she shared, adding that despite her death “is still advocating for young people” in the battle over conversion therapy — one that feels like it is getting worse with each ruling, with no end in sight.

“I think the real battle started this morning at kitchen tables. There are parents telling their kids, ‘I told you being queer was wrong — the Supreme Court says so,’” Moore said. “Those are the conversations we don’t hear, but they’re happening.”

Rocky Mountain Equality says it will continue focusing on direct support, specifically in rural communities which will face a particularly difficult time as LGBTQ rights become restricted.

“When people reach out to us from rural communities, we help connect them with affirming providers — locally if possible, or in places like Boulder County. We also help with financial support so they can access care. This work is about meeting people where they are,” she explained. “We’re working with organizations across the state, including in more conservative areas like Mesa County. The environments are very different, but we collaborate to share resources and support each other. Leading an organization right now is incredibly tough work.”

The organization is also mobilizing politically ahead of the ballot measures, using the anger from this case as fuel for the long hual to getting LGBTQ rights protected.

“Just last night, we had over 100 people at a kickoff event in Boulder for our campaign to defeat these ballot measures. People signed up to volunteer, donate, and write letters. We’re going to fight to make sure Colorado doesn’t become a ‘hate state’ again,” she said. 

Moore also explained that as Colorado has become a leading destination for affirming healthcare and LGBTQ rights, people from more conservative neighboring states are seeking care there. She added that if the Centennial State can provide access to specialized care that has been politicized elsewhere, it should work to protect those services.

“People are coming to Colorado from surrounding states for gender-affirming care, abortion access, and support. We’re not going to let a small group of hateful voices take that away.”

She called on allies to take action, regardless of how small or meaningless it might seem at first.

“People can help by having conversations in their own communities about the value of every person. They can connect others with resources and support systems,” she said. “And for Colorado specifically, they can donate, share our work, and stand in solidarity.”

Moore drew parallels from past crises the LGBTQ community has had faced, yet many of the LGBTQ people she faught with in the seemingly impossible times of the past are still here and still fighting, emphasizing the community’s resilience..

“I was telling my staff — I’m an old dyke, and I remember the fight during the AIDS crisis. We were trying to make sure people were fed, cared for, and treated, all while our rights were under attack. We lost many lives, but we made it through — and we will again,” she recalled.

“They think if they attack us from every direction, they can erase us, but they’ve only made us stronger. We will continue supporting LGBTQ youth and all children who deserve protection from unregulated, harmful practices like conversion therapy.”

Other LGBTQ advocates also spoke out about the ruling’s impact.

Carl Charles, a member of the Elayne Cassidy Nicholas Memorial Counsel for Trans and Nonbinary Rights at Lambda Legal, issued a statement following the court’s ruling, while touching on and his personal experience with conversion therapy.

“I know firsthand the long-lasting harms of conversion therapy, having been subjected to it when I was 15 years old. This practice did not change my sexual orientation or gender identity. Instead, it destroyed important relationships and created shame and fear that took time and effort to undo. For many survivors, it is a reverberating life-long harm,” he said as he shared his story to the world via a friend-of-the-court brief with the Conversion Therapy Survivor Network, detailing the harms of conversion therapy they experienced.

“I am fortunate to have been able to transcend the trauma of that experience, to celebrate my identity as a transgender man, and to nurture a loving relationship with my husband. But so many young people do not have the familial or community support to withstand the impact of this unethical practice. LGBTQ+ youth do not need to be changed. Rather, like all youth, they need to be supported and celebrated for the unique and important people they are becoming.”

Human Rights Campaign President Kelley Robinson issued a statement following announcement of the court’s verdict, condemning the homophobic ruling as thinly veiled intolerance as masquerading a religious right fight. Before the case was heard, the HRC submitted amicus brief detailing how the legislation in question was not religous in nature, but is regulatory speech restriction that helping LGBTQ Americans.

“The court has weaponized free-speech in order to prioritize anti-LGBTQ+ bias over the safety, health and wellbeing of children,” her statement reads. “So-called ‘conversion therapy’ is pseudoscience, not real therapy. It has been condemned by every mainstream medical and mental health association and harms families, traumatizes children, and robs people of their faith communities. It is cruel and should never be offered under the guise of legitimate mental healthcare. To undermine protections that keep kids and families safe from these abusive practices is shocking — and our children deserve better.”

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Commentary

Is Ghana’s selective justice a human rights contradiction?

Country’s commitment to human rights appears inconsistent

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Ghanaian flag (Public domain photo from Pixabay)

Ghana’s mission to have the United Nations recognize the trafficking of enslaved Africans and racialized chattel enslavement as the gravest crime against humanity is a historic milestone. The resolution adopted on March 25, 2026, with 123 out of about 180 countries in support, marks a major step toward global acknowledgement of the brutality and inhumanity of slavery. A 2022 report by the Equal Justice Initiative, “The Transatlantic Slave Trade,” highlights how during the slave trade, Africans who were enslaved had no rights, freedom, recognition or protection under the law. They had no voice, no bodily autonomy, no respected identity and could be brutally violated with no legal protection. This history represents a grave crime against humanity.

In my opinion, Ghana and the other countries that voted in favor are entirely right to say that such historic events cannot be sanitized or reduced to diplomatic language. Recognition is the first step towards accountability. This matter is important because it is arguably the foundation of the modern-day injustice and inequality people experience, including wealth inequality, racism, sexism, xenophobia, and queerphobia.

The double standard

Yet, despite this important step on the world stage, Ghana’s commitment to human rights appears inconsistent. The same government advocating for justice for enslaved Africans is enacting laws that jeopardies the rights of Africans today. This contradiction between Ghana’s international stance and its domestic policies is at the heart of the discussion.

In February 2026, the Ghanaian parliament formally received the Human Sexual Rights and Family Values Bill. The bill is a grave threat to the rights to nondiscrimination, protection under the law, privacy and freedom of association, assembly, and expression. It expands criminalization of LGBTQ+ people, and anyone associated with them. This Human Sexual Rights and Family Values Bill calls for a three-year imprisonment for anyone who identifies as LGBTQ+, anyone who has gender affirming treatment, anyone who enters into a same-sex marriage or attends a same-sex wedding and anyone who promotes equal rights for LGBTQ+ people. It turns enforcement into a societal obligation rather than just a state function, encouraging people to report anyone who looks suspicious or different. This further legitimizes the brutal attacks on LGBTQ+ people socially, which leaves the people of Ghana with blood on their hands.  

Ghana’s proposed and reintroduced anti-LGBTQ+ legislation is said to be among the most restrictive in the world and will result in the inhumane treatment of LGBTQ+ people. It not only further criminalizes consensual same-sex relations but also targets civil society organizations that are perceived to be supporting equal rights for LGBTQ+ people. So, if this law passes, it will be illegal to support equal rights and challenge the inhuman treatment of queer Ghanaians and allies. Is this not a double standard? Ghana seeks justice for the ill-treatment of Africans during the transatlantic slave trade but is actively in the process of seeking to harm its own people.

This is not theoretical harm; it is practical harm. According to the Human Rights Watch, LGBTQ+ people in Ghana already face systemic stigma, discrimination, harassment and violence, often enabled by both legal frameworks and social stigma, resulting in a hostile climate.

Ghana falls short of upholding human rights at home

On the global stage, Ghana is arguing that the dehumanization of Africans through slavery was so severe that it constitutes the gravest possible violation of human dignity. This argument rests on a core principle that reducing people to less than fully human is unacceptable under any circumstances.

Back at home, the state is endorsing laws that do exactly that to LGBTQ+ people. Criminalizing identity, suppressing expression, clamping down on civic space, monitoring and surveilling citizens and advocating for social exclusion. These are elements of dehumanization signaling that some are less deserving of protection, dignity, respect, and justice. That is the definition of a double standard.

Supporters of these laws often frame homosexuality as un-African, but this claim does not hold up under scrutiny. In his article, “The ‘Deviant’ African Genders That Colonialism Condemned”, Mohammed Elnaiem emphasizes that historical and anthropological evidence shows that diverse sexualities and gender expressions existed across African societies long before colonial rule. Ironically, many of the laws used to criminalize LGBTQ+ people today trace directly back to the colonial-era. This is even supported by the African Court, which, in December 2020, through its Advisory opinion, made it clear that these colonial-era laws are discriminatory and perpetuated marginalization. The African Court also called on African states to take action in this regard.

It is no secret that anti-rights actors are actively operating in Ghana and supporting leaders to advance their anti-rights agenda. They are increasingly organized, visible, well-funded, and influential in shaping state policy. The upcoming 4th African Inter-Parliamentary Conference on Family and Sovereignty, scheduled to take place in Accra from May 27-30, 2026, is a clear example of this coordination. The conference endorses the so-called African Charter on Family Values, a deeply contested initiative that frames LGBTQ+ people as a threat to children and positions queer identities as foreign ideologies. This platform is being used to legitimize and advance anti-LGBTIQ+ legislation, restrict comprehensive sexuality education and roll back sexual and reproductive health rights. In this context, the treatment of LGBTQ+ people in Ghana cannot be viewed as isolated policy choices, but rather as part of a broader coordinated anti-rights agenda that normalizes and legalizes discrimination. It fuels increasingly inhumane conditions for queer communities and civil society. Ghana is simultaneously rejecting colonial injustice in one breath while enforcing colonial-era morality laws in another.

There is also a legal inconsistency worth noting. Ghana’s own Constitution guarantees the right to life, protection from violence, the right to personal liberty, the right to human dignity, equality and freedom from discrimination and the right to a fair trial. Yet, in practice these rights are not equally applied to LGBTQ+ individuals. Depriving equal rights to LGBTQ+ persons is the same as what the slave owners did to slaves.

You cannot build a credible human rights position on selective application

To be clear, recognizing slavery as a crime against humanity is not diminished by pointing out this contradiction. Both truths can coexist: the UN resolution is a victory and Ghana’s domestic policies remain deeply troubling. In fact, holding both realities together is necessary if the language of human rights is to mean anything at all. Ghana has taken a powerful stand on the global stage. The question now is whether it is willing to apply that same moral clarity at home.

Bradley Fortuin is a consultant at the Southern Africa Litigation Center and a human rights activist.

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Maryland

Supreme Court ruling against conversion therapy bans could affect Md. law

Then-Gov. Larry Hogan signed statute in 2018

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(Washington Blade photo by Michael Key)

By PAMELA WOOD, JOHN-JOHN WILLIAMS IV, and MADELEINE O’NEILL | The U.S. Supreme Court on Tuesday ruled against a law banning “conversion therapy” for LGBTQ kids in Colorado, a ruling that also could apply to Maryland’s ban on the discredited practice.

An 8-1 high court majority sided with a Christian counselor who argues the law banning talk therapy violates the First Amendment. The justices agreed that the law raises free speech concerns and sent it back to a lower court to decide whether it meets a legal standard that few laws pass.

Justice Neil Gorsuch, writing for the court’s majority, said the law “censors speech based on viewpoint.” The First Amendment, he wrote, “stands as a shield against any effort to enforce orthodoxy in thought or speech in this country.”

The rest of this article can be read on the Baltimore Banner’s website.

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