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Prof Caroline Mala Corbin

@carolinemalacorbin.bsky.social

14K followers 920 following 980 posts

Constitutional law prof specializing in First Amendment, both speech & religion. Also repro Likes: art,science, feminism, LGBTQ rights, CRT, separation of church & state Things I've written: https://papers.ssrn.com/sol3/cf_dev/AbsByAuth.cfm?per_id=797431

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Prof Caroline Mala Corbin @carolinemalacorbin.bsky.social · Feb 12

Very excited to have a new paper!!

Because the U.S. Supreme Court has essentially gutted the Establishment Clause of the U.S. Const, it is perhaps time to turn to the establishment provisions of the state constitutions to ensure some degree of separation of church and state

#ChristianNationalism

<p>New Judicial Federalism and the Establishment Clause: Classroom Ten Commandments as a Case Study in State Constitutional Protection</p>

<p><span>Louisiana recently enacted a law requiring a Ten Commandments display in every public school classroom from kindergarten to college. Forty-five years a

papers.ssrn.com

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Prof Caroline Mala Corbin @carolinemalacorbin.bsky.social · 16m

Of course

Prof Caroline Mala Corbin @carolinemalacorbin.bsky.social · 19m

My sympathies.

Reposted by Prof Caroline Mala Corbin

Prof Caroline Mala Corbin @carolinemalacorbin.bsky.social · 1d

Hello!

I am your friendly neighborhood First Amendment professor here to provide some background on Chiles v. Salazar, to be argued in Supreme Court this morning.

At issue is whether Colorado can ban licensed therapists from inflicting the discredited practice of “conversion therapy” on minors

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Prof Caroline Mala Corbin @carolinemalacorbin.bsky.social · 18h

"ADF cited several scholars to support its arg that conversion practices should once again be permitted. Two, however, [said] that ADF had “profoundly” misrepresented their research, which discussed the “psychological damage” of conversion therapy."

& SCOTUS will no doubt accept ADF's distortions

Nikole @picnik.bsky.social · 19h

www.theguardian.com/us-news/2025...

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Prof Caroline Mala Corbin @carolinemalacorbin.bsky.social · 20h

SCOTUS has already previewed its argument to distinguish gender affirming care from conversion therapy:

Talk therapy alone (i.e. conversion therapy) protected by free speech

Therapy along with medicines (i.e. most gender affirming care) will be regulation of medicine with no special scrutiny

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Prof Caroline Mala Corbin @carolinemalacorbin.bsky.social · 21h

Toad: I just listened to Supreme Court oral arguments

Frog and Toad Bot @frogandtoadbot.bsky.social · 21h

Toad was sitting on his front porch. Frog came along and said, “What is the matter Toad? You are looking sad.”

A glum Toad sits on his front porch as a smiling Frog approaches.

From "The Letter"
In *Frog and Toad Are Friends*

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Prof Caroline Mala Corbin @carolinemalacorbin.bsky.social · 21h

You shouldn't need a first amdt claim. A ban on gender affirming care should have triggered Equal Protection

Also, most gender affirming care requires more, so even if cannot ban discussion, if accept distinction bt talk only & talk plus, can ban puberty blockers & gender affirming hormone therapy

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Prof Caroline Mala Corbin @carolinemalacorbin.bsky.social · 21h

I did not have room to write white Christian nationalists

Prof Caroline Mala Corbin @carolinemalacorbin.bsky.social · 21h

Cannot quite tell if you are being sarcastic or not

Prof Caroline Mala Corbin @carolinemalacorbin.bsky.social · 22h

The oral argument in Chiles v. Salazar, about whether Colorado can ban licensed therapists from subjecting minors to the discredited & harmful "conversion therapy" is done

You do not actually have to hear the arg to predict that the Christians will win.

I would love to be wrong, but

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Prof Caroline Mala Corbin @carolinemalacorbin.bsky.social · 22h

Rebuttals now.

A twelve year could get gender affirming care w/o parent consent but could not get Chiles counseling w/ their parents consent.

Now giving fake science facts that I will not repeat

But basically trans panic

Citing Cass Review which has zillions of problems.

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Prof Caroline Mala Corbin @carolinemalacorbin.bsky.social · 22h

Q: Why aren't you raising professional speech arg that was rejected in NIFLA

A: Our arg is much more narrow about medical care where have fiduciary duties & subject to malpractice

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Prof Caroline Mala Corbin @carolinemalacorbin.bsky.social · 22h

Q: Why did not have opportunity to introduce more evidence?

A: Also, all the theories underlying success also debunked.

Q: Back to my question: If it went back?

A: New critique raised, we could answer it with studies

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Prof Caroline Mala Corbin @carolinemalacorbin.bsky.social · 22h

Q Barrett: what is your best evidence that it causes harm

A: JA 64-74. We could have put it even more evidence. But our expert put in evidence all the studies, recent enough that did focus on talk therapy, that showed harm. Showed that long list harms.

No study showing it works. None. Zip. Zero.

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Prof Caroline Mala Corbin @carolinemalacorbin.bsky.social · 22h

Q: Trying to make argument that medical consensus can be wrong, so we can ignore it here

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Prof Caroline Mala Corbin @carolinemalacorbin.bsky.social · 22h

Q: Isn't that a reason to apply first amendment scrutiny?

A: No, bc if words delivering medical treatment, still delivering medical treatment.
Plus, lots of research

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Prof Caroline Mala Corbin @carolinemalacorbin.bsky.social · 22h

A: Banning a practice that violates a standard of care dates to very early times

Q: Your argument depends heavily on standard of care, a medical consensus.

Has it ever been politicized.

A: Possibly

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Prof Caroline Mala Corbin @carolinemalacorbin.bsky.social · 22h

Thomas: you rely on history of regulating medical profession. But what about history of regulating mental health profession?

Note: whether a history of a practice exists often depends on how you define the practice. Note the move that Thomas is making.

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Prof Caroline Mala Corbin @carolinemalacorbin.bsky.social · 22h

Q: Isn't this viewpoint disc to allow to affirm one identity and not the other

A: yes, but some viewpoints are harmful and that is why medicine regulates them

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Prof Caroline Mala Corbin @carolinemalacorbin.bsky.social · 22h

Q: What if patient comes to therapist saying that attracted to other men and wants to stop

A: Cannot counsel to become straight. Can help cope.

Q: Trying to get atty to interpret it in a way no one interprets it.

She won't

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Prof Caroline Mala Corbin @carolinemalacorbin.bsky.social · 22h

A: No one has ever held that doctors had a first amendment right to give patients bad medical advice i.e. medical care that does not mean the accepted standard of care

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Prof Caroline Mala Corbin @carolinemalacorbin.bsky.social · 22h

A: If multiple options all met the accepted standard of care then perhaps. But that is not the case.

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Prof Caroline Mala Corbin @carolinemalacorbin.bsky.social · 22h

Q: What if different medical authorities have different views. There are competing strands.

EXCEPT THAT ALL REPUTABLE MEDICAL AUTHORITIES AGREE THAT GENDER AFFIRMING CARE IS GOOD AND CONVERSION THERAPY IS NOT.

Only uncertainty bc questionable science by those religiously opposed to LGBTQ

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Prof Caroline Mala Corbin @carolinemalacorbin.bsky.social · 22h

Q: If medical uncertainty, then state can regulate talk therapy?
[Wants to ban gender affirming talk therapy]

A: That is not as established in the history

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Prof Caroline Mala Corbin @carolinemalacorbin.bsky.social · 22h

Notably not highlighting that court has treated abortion counseling differently even if it too involves speech, but perhaps strategic decision not to bring up abortion to this excessively hostile-to-abortion court

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