Past, Present, and Future Legislative Implications of Conversion Therapy for Minors and Adults

摘要

Social as well as individual attitudes regarding homosexuality have religious, legal, and medical underpinnings. Examining the legal perspective in particular, courts have long recognized—and codified—the principle that parents have a fundamental right to direct the upbringing of their children, especially in the domains of education and religion.~1 Furthermore, the Supreme Court has specifically addressed parental rights in the mental 'health context. Relying on the presumption that "parents and guardians do and will act in their child's best interest," the Supreme Court rejected claims that involuntary mental health treatment of a minor by a parent or guardian without an adversary hearing is not a deprivation of liberty, and therefore not a due process violation.~2 In Parhain v. J.R., 442 U.S. 584 (1979), the Supreme Court held that a parent or guardian may legally commit a child or young adult to a mental health facility upon certification by a medical professional that he or she ought to receive such treatment, even if the minor strenuously objects.