![\"Supreme](\"https:\/\/media.cnn.com\/api\/v1\/images\/stellar\/prod\/sotomayorkagan.jpg?c=original&q=w_1280,c_fill\/f_avif\")
<\/p>\n <\/p>\n
\n Justice Elena Kagan, joined by Justice Sonia Sotomayor, wrote a concurring opinion that stressed their belief the court\u2019s ruling Tuesday is a narrow one.\n <\/p>\n
\n That likely explains why both of those justices, who are members of the liberal wing, joined the court\u2019s majority.\n <\/p>\n
\n The problem with Colorado\u2019s law, Kagan wrote, was it was \u201ccontent-based\u201d in its explicit focus on anti-trans therapy. A law that was neutral in its viewpoint \u201cwould raise a different and more difficult question.\u201d\n <\/p>\n
\n \u201cFuller consideration of that question, though, can wait for another day. We need not here decide how to assess viewpoint-neutral laws regulating health providers\u2019 expression because, as the Court holds, Colorado\u2019s is not one,\u201d Kagan said.\n <\/p>\n
\n Explaining why she was siding with the majority, she said that, \u201cColorado\u2019s law, as applied to talk therapy, regulates based on viewpoint.\u201d\n <\/p>\n
\n \u201cConsider a hypothetical law that is the mirror image of Colorado\u2019s. Instead of barring talk therapy designed to change a minor\u2019s sexual orientation or gender identity, this law bars therapy affirming those things,\u201d Kagan wrote, concluding that such a law should be subject to similarly harsh scrutiny.\n <\/p>\n
\n \u201cOne of the real clues to both the significance and limits of today\u2019s ruling comes from Justice Kagan\u2019s short concurring opinion,\u201d said Steve Vladeck, CNN Supreme Court analyst and professor at Georgetown University Law Center.\n <\/p>\n
\n \u201cAs Kagan explains, the problem with Colorado\u2019s law isn\u2019t that it is based on the content of therapists\u2019 speech, but that it isn\u2019t neutral as to the viewpoint they\u2019re expressing. In other words, at least some of the justices aren\u2019t averse to states regulating the speech of medical professionals; they just have to do it in a way that doesn\u2019t prefer one viewpoint over another.\u201d\n <\/p>\n","protected":false},"excerpt":{"rendered":"Justice Elena Kagan, joined by Justice Sonia Sotomayor, wrote a concurring opinion that stressed their belief the court\u2019s…\n","protected":false},"author":2,"featured_media":573464,"comment_status":"","ping_status":"","sticky":false,"template":"","format":"standard","meta":{"footnotes":""},"categories":[2],"tags":[43,44,41,39,42,40],"class_list":{"0":"post-573463","1":"post","2":"type-post","3":"status-publish","4":"format-standard","5":"has-post-thumbnail","7":"category-headlines","8":"tag-headlines","9":"tag-news","10":"tag-top-news","11":"tag-top-stories","12":"tag-topnews","13":"tag-topstories"},"_links":{"self":[{"href":"https:\/\/www.newsbeep.com\/ca\/wp-json\/wp\/v2\/posts\/573463","targetHints":{"allow":["GET"]}}],"collection":[{"href":"https:\/\/www.newsbeep.com\/ca\/wp-json\/wp\/v2\/posts"}],"about":[{"href":"https:\/\/www.newsbeep.com\/ca\/wp-json\/wp\/v2\/types\/post"}],"author":[{"embeddable":true,"href":"https:\/\/www.newsbeep.com\/ca\/wp-json\/wp\/v2\/users\/2"}],"replies":[{"embeddable":true,"href":"https:\/\/www.newsbeep.com\/ca\/wp-json\/wp\/v2\/comments?post=573463"}],"version-history":[{"count":0,"href":"https:\/\/www.newsbeep.com\/ca\/wp-json\/wp\/v2\/posts\/573463\/revisions"}],"wp:featuredmedia":[{"embeddable":true,"href":"https:\/\/www.newsbeep.com\/ca\/wp-json\/wp\/v2\/media\/573464"}],"wp:attachment":[{"href":"https:\/\/www.newsbeep.com\/ca\/wp-json\/wp\/v2\/media?parent=573463"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/www.newsbeep.com\/ca\/wp-json\/wp\/v2\/categories?post=573463"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/www.newsbeep.com\/ca\/wp-json\/wp\/v2\/tags?post=573463"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}