In a 2-to-1 ruling, Trump’s judges at the Florida Court of Appeals voted for the right of therapists to offer conversion procedures. The opposing vote came from Beverly Martin – she was appointed by Obama. The decision casts dark shadows: US President Donald Trump, hailed in the election campaign as the “most gay-friendly US president in American history” (former ambassador Richard Grenell), not only nominated three conservative Supreme Court judges, he also left his mark on the courts of appeal and the district courts. The decision in Florida bodes ill for the queer community.

Many people know only one thing: Through his conservative judges, Donald Trump influenced the Supreme Court of the USA. With his appointment of Brett Kavanaugh, Neil Gorsuch and, finally, Amy Coney Barrett in September, the conservative voices now have a comfortable 6-to-3 majority. What many people do not know, however: Trump also left his mark on the lower federal courts in the US – the federal courts of appeal and the district courts. He even appointed judges for the International Trade Court.

Trump nominated more than 200 conservative, predominantly white, young and male judges during his term of office. This equals almost twice as many appointed judges as Barack Obama. No president in the last forty years managed to appoint so many federal judges. About one in four of the total of 890 judges was thus appointed by Donald Trump and is part of his legacy. To what extent this will shape the future of the US remains to be seen – but the decision in Florida casts a dark shadow.

Florida: Therapists sued for “homo-cure” as part of the right to free speech

In the city of Boca Raton and Palm Beach County, therapists were prohibited from offering so-called conversion procedures to children who were struggling with their sexual orientation or gender identity. These laws were overturned on Friday by the 11th US Federal Court of Appeals – in a 2-to-1 decision.

In the ruling, the court sided with two therapists, Robert Otto and Julie Hamilton, who had sued – claiming that the laws violated their right to free speech. Otto and Hamilton stressed that their clients typically

“had sincere religious beliefs that were contrary to homosexuality”

– and sought guidance to reconcile their identities and behaviour with these beliefs.

Experts have long been of the opinion that conversion therapy does not provide a solution – on the contrary, they cause even more harm. The American Psychiatric Association is one of the opponents of the practice. The association warns that the procedures could have consequences such as depression, anxiety and suicidal thoughts.

Obama’s judge has no chance against conservative majority

NBC News reported that judges Britt Grant and Barbara Lagoa voted to repeal the law – and thus to allow conversion proceedings on children. Both were appointed by outgoing US President Donald Trump. The vote against came from Beverly Martin – she was, hardly surprising, appointed not by Trump, but by Barack Obama.

District Judge Grant referred to the Constitution in her reasoning for the ruling: she stressed that the First Amendment of the Constitution does not allow municipalities to determine how their residents may seek advice on sexual orientation or gender. Although, according to Grant, the procedures are perceived by many as “even dangerous”, the Constitution does not provide for a ban. Obama’s judge, Beverly Martin, justified her vote against the bill by arguing that she has an overriding interest in protecting children from “harmful therapeutic practices”.

Joe Biden plans nationwide ban on conversion therapy

One of the therapists’ lawyers, Mat Staver, described the decision as the first of its kind by a federal appeals court in the US – and as “a great victory” that will enable people to choose counselling free from state censorship. On the other hand, the lawyers from Boca Raton and Palm Beach County both stated that they were now weighing their legal options and possibly appealing.

There is currently no nationwide ban on conversion proceedings in the US, and municipalities and states decide independently. Currently, 20 US states and the capital Washington DC prohibit the harmful practices, which are often not even offered by licensed therapists, but by charlatans and religious leaders. Joe Biden plans a nationwide ban during his presidency. We will have to wait and see whether Donald Trump’s legacy will thwart him.

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