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Federal court strikes down Florida laws banning conversion therapy for children struggling with sexual orientation, gender identity



The 11th U.S. Circuit Court of Appeals on Friday struck down laws in South Florida that ban therapists from offering conversion therapy to children struggling with sexual orientation or gender identity, Reuters reported.

What are the details?

In a 2-1 decision, the court said the laws in Boca Raton and Palm Beach County were unconstitutional, content-based restrictions on speech that violated the First Amendment, the outlet said.

The two therapists who challenged the laws banning conversion therapy said their patients typically had "sincerely held religious beliefs conflicting with homosexuality" and sought counseling to conform their identities and behaviors with those beliefs, Reuters said.

Therapists Robert W. Otto and Julie H. Hamilton said a prohibition on therapy aimed at "reducing a minor's sexual or romantic attraction (at least to others of the same gender or sex), or changing a minor's gender identity or expression" violates their "constitutional right to speak freely with clients," LifeSite News said.

President Donald Trump appointed the two judges who voted for striking down the laws, Reuters reported — and the no-vote came from a judge appointed by former President Barack Obama.

"We understand and appreciate that the therapy is highly controversial," Circuit Judge Brit C. Grant wrote, according to LifeSite News. "But the First Amendment has no carveout for controversial speech. We hold that the challenged ordinances violate the First Amendment because they are content-based regulations of speech that cannot survive strict scrutiny."

The other Trump-appointed judge on the case was Barbara Lagoa, who was a leading candidate to replace Supreme Court Justice Ruth Bader Ginsburg after her death in September. Ultimately Trump nominated Amy Coney Barrett, who was confirmed last month to the nation's high court by a Republican-controlled U.S. Senate.

Anything else?

In February, Courthouse News Service reported about the case, noting that the county fine against conversion therapy on a minor is $250 — and then $500 for each additional violation.

Last year, a lower court denied the therapists' request to halt the bans, as the presiding judge wrote that the "plaintiffs have not met their burden of showing that the ordinances violate the Free Speech Clause of the First Amendment," CNS noted.

But the therapists' attorney Mathew Staver argued before the appeals court in February that the laws "are unconstitutional content-based regulations that don't survive strict scrutiny."

Staver — who's with Liberty Counsel — said Friday the appeals court decision "is a huge victory for counselors and their clients to choose the counsel of their choice free of political censorship from government ideologues. This case is the beginning of the end of similar unconstitutional counseling bans around the country."

Lindsey Graham fires back after top Democrat demands no more hearings for Trump's judicial nominees



Sen. Lindsey Graham (R-S.C.), chairman of the Senate Judiciary Committee, fired off the perfect response after Democrat Sen. Dianne Feinstein (Calif.) asked Republicans to stop confirming President Donald Trump's federal judiciary nominees.

What's the background?

Feinstein, the top Democrat on the Senate Judiciary Committee, wrote Graham on Thursday requesting he stop conducting hearings on Trump's judicial nominees to allow media-declared president-elect Joe Biden to fill the court vacancies instead.

"Now that the 2020 election has concluded, it is clear that the American people have overwhelmingly rejected a second term for President Trump. President-Elect Joe Biden and Vice President-Elect Kamala Harris are already implementing their transition plan," Feinstein said.

"In light of that, it is imperative that the Judiciary Committee cease to process judicial nominations and allow President-Elect Biden the opportunity to appoint judges following his inauguration on January 20, 2021," she added.

What was Graham's response?

Graham responded with a resounding "no," according to reporter Sam Brodey.

"The Senate Judiciary Committee will continue to process judges nominated by President Trump. We have confirmed over 220 and look forward to confirming even more," Graham said.

Update here—comment from Sen. Graham's spox on the Feinstein letter:"The Senate Judiciary Committee will continue… https://t.co/TaHiRxT0DI
— Sam Brodey (@Sam Brodey)1605227677.0

What's the background?

In addition to having three Supreme Court nominees confirmed, Trump has added a whopping 53 judges to U.S. federal appeals courts and 164 judges to federal district courts.

Currently, an additional 31 of Trump's federal district nominees are awaiting confirmation, and another two of Trump's appeals court judges are awaiting confirmation.

This is why analysts predict that as much as $1 billion could be spent on Georgia's two runoff elections for their U.S. Senate seats, for control of the Senate hinges on those two races.

Currently, Republicans — who have held a majority in the Senate since regaining the majority after the 2014 midterms — have control of 50 seats. If they lost both runoff races, Democrats would have effective control of the Senate since media-declared vice president-elect Kamala Harris would serve as the Senate's tie-breaking vote.

But, if Republicans win just one of the races, they would maintain control of the Senate and prevent a Biden administration from implementing its agenda — and further cement Trump's judicial legacy.