The main proponents of conversion therapy are laypeople and pastors. Furthermore, there has been a rise in the number of mental health professionals who act references for fundamentalist religious groups that promise to convert homosexuals to homsexuality. Given this rise this section will explore the regulation of non-licensed persons through the context of religion.
Mental health and paraprofessionals that provide conversion therapies not only harm their clients but they also commit consumer fraud. Courts generally do not find clergy liable for malpractice even when the harm of their conduct is evident. However, Pennsylvania courts have allowed claims for breach of fiduciary duty and fraud. In Nardella v. Dattilo, the plaintiff alleged that …show more content…
Ferguson, was the first case in the United States to rule that it was a violation of a Consumer Fraud Act to call homosexuality a mental illness or disorder. The plaintiffs, three gay men and two of their mothers, sued Jews Offering New Alternatives to Homosexuality (JONAH), a Jersey City, N.J., stating that it had made statements that were gross misrepresentations in the sale and advertisement of its program which constituted fraud, deception and unconscionable business practices. On Feb. 10, a Hudson County Assignment Judge Peter Bariso Jr. ruled it was a misrepresentation that violated New Jersey’s Consumer Fraud Act to advertise gay conversion therapy services by depicting homosexuality as abnormal or a mental illness because this is contrary to the overwhelming weight of scientific authority. He further ruled that as a matter of law that it is a misrepresentation in violation of the CFA "to use specific success statistics in advertising and selling of services when client outcomes are not tracked and records are not maintained." The defendants argued attempted to defend the suit on a Free Exercise grounds, however, Judge Bariso, stated "the free exercise clause does not limitlessly protect any act done in the name of religious practice". Furthermore he noted that the alleged statements about a mental disorder had a medical or scientific basis, rather than a religious basis.
While the New Jersey case was the first of its kind, in May of 2015, Congressman Ted Lieu (D-Los Angeles) introduced the Therapeutic Fraud Prevention Act (TFPA). This bill would classify advertising that a group had the ability to change sexual orientation and gender identity as fraud. The bill is limited to for-profit conversion therapy industry, and contains protections for religious liberty and freedom of
To support this argument, he implied that the fact that Flynt republished the ad multiple times proved the intent of Flynt. In contrast with Isaacman who referred to New York Times Co. v. Sullivan to support his argument, Grutman suggested that the ruling was irrelevant with Hustler Magazine, Inc. v. Falwell. Although Falwell could win under the ruling when the issue considered was libel involving factual statements, emotional harm based on intent was the main issue considered by Falwell. To withhold the tort of emotional distress that was ruled as invalid in a recent decision, Grutman defended it by saying that the decision was made by an inferior court, he did not view it as a good law, and there were other cases which supported the tort.
“To prove the causation element, the injured plaintiff must show a direct relationship between the alleged misconduct and the injury sustained from the misconduct.” (Morissette, 2014) Tammy Cleveland can show a legally sufficient relationship between the breach of duty and the injury that is is referred to as proximate causation. But for the fact Dr. Perry refused to check the vitals of Michael Cleveland he misdiagnosed him, which in turn caused his death. Dr. Perry can also be charged with negligence per se for “failing to obey the statute and adhering the standard of care expected of him as a doctor”. (Dudzik, 2015) He neglected his patient and the pleas from his family, ultimately shortening his life.
The RFRA prohibits the government from substantially burdening religious free exercise unless it must do so to further a compelling government interest. Hobby Lobby vs. Burwell referenced RFRA, as the corporation believed that the health-insurance coverage they were mandated to provide to their employers violated “their sincerely held religious beliefs.” (Hobby Lobby, 1). Hobby Lobby is a family-owned corporation that believes that providing contraception is morally wrong. Similarly, Bridges, the sole owner of the Paradise Found corporation, subscribes to a religion of which a primary tenet is that polygynous marriage, specifically marriage of one man to multiple women, is a mechanism of expressing strongly held religious convictions.
Phelps. In this case, Albert Snyder filed a lawsuit against the Westboro Baptist Church after they had made an appearance at his son’s funeral to protest against American soldiers. In the article, “Westboro Baptist Church Wins Supreme Court Appeal Over Funeral Protest”, the author states, “Indeed, Matthew Snyder was not gay. But ‘Westboro believes that God is killing American soldiers as punishment for the nation's sinful policies,’ Roberts said. ‘Speech is powerful.
Wells Fargo’s commercial “Learning Sign Language” effectively sells their company’s purpose by appealing to a new group of homosexual couples, using pathos throughout the commercial, and using rhetorical elements such as genre, context, and purpose. Wells Fargo’s commercial was released at a time when the Supreme Court was taking on the case of Obergefell v. Hodges. The ruling of this case made same sex marriage legal in all 50 states. Their decision to release this commercial was strategic.
In the United States Constitution, our 14th amendment states that “[no state shall] deprive any person of life, liberty, or property without due process of law; nor deny to any person within its jurisdiction the laws” (Dictionary.com). The case Lawrence vs Texas, which started in 1998, in Harris County, was a case that was deeply investigating homosexual’s 14th amendment. It all began when four law enforcement officers were responding to a false call about a person armed with a firearm. After arriving at the house and going in they encountered John Lawrence and Tyron Garner engaging in "deviate sexual intercourse, namely anal sex, with a member of the same sex" (supreme.justia.com). According to the Texas sexual offenses a “deviate sexual [act]” is stated in the “Texas Penal Code Title 5.
House of Representatives passes the Matthew Shepard Act- May 3rd, 2007 The Matthew Shepard Act is an american act of congress, it is also a hate crime prevention act. The act was named after Matthew Shepard a student who was tortured and murdered for being openly gay in 1998.
Sullivan- The New York Times in 1960 had an ad for civil rights activists. They put on that page criticisms about what the police force does to the protestors of Montgomery, Alabama. There were a few statements in that ad that were false. The commissioner, Sullivan, was offended by this ad and sued the New York Times.
However, in the case that a malpractice suit goes to court, victims can only receive compensation from the healthcare professional’s liability insurance if and only if some form of actual medical error was made and if said error has been documented or is physically provable in some way, which can be extremely difficult and perhaps even impossible under certain
Indiana’s RFRA was passed on March 26 of 2015. This Religious Freedom Restoration Act allows individual and businesses to practice their religious beliefs without being punished for their action in court. In addition, it also protects businesses from other religious owners. After the act was passed, many people protested against the act because they are saying that this law discriminate against LGBT people. Many businesses in Indiana are denying LGBT people service and their action are justify because of Indiana’s RFRA.
Health Care Law: Tort Case Study Carolann Stanek University of Mary Health Care Law: Tort Case Study A sample case study reviewed substandard care that was delivered to Ms. Gardner after having sustained an accident and brought to Bay Hospital for treatment. Dr. Dick, a second-year pediatric resident, was on that day in the ED and provided care for Ms. Gadner. Dr. Moon, is the chief of staff and oversees the credentialing of all physicians at Bay Hospital.
America and Christianity have long intertwined histories that have fostered strong parallels that can be drawn between these institutions’ ideal. It is for this reason that the modern evangelical Christian practice of televangelism emerged and thrived for much of modern American history, and, subsequently, became a profound and concentrated embodiment of American values and ideals. However, the most compelling and relevant example of televangelism as the embodiment of American ideals and values is Joel Osteen, the pastor and figurehead of the largest megachurch and religious organization, as well as one of the wealthiest American religious leaders. Building his career off these intertwined histories and ideals, Osteen’s career and preachings have greater
Joey Cho Mrs. Middleton English 10 17 October 2016 Persuasive Research Essay Outline Introduction LGBT/ same-sex marriage is one of the most heated and controversial debates in our current society. Unlike the past thousands of years whereas marriage was defined as a legal union between a man and a woman, now the concept of marriage has been extended to a broader context. “Homosexuality” in most cultures is viewed as a disgrace, and it is often considered as a great sin from a religious aspect.