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Showing posts with label Law. Show all posts
Showing posts with label Law. Show all posts

09 October 2014

New Policy Paper on the "Personhood" Movement

By LOG ME IN

Despite the defeats of "personhood" measures in 2008 and 2010, Colorado voters will once again vote on a proposed constitutional amendment to grant all the rights of born persons to zygotes, embryos, and fetuses in November 2014.

The Coalition for Secular Government is pleased to announce an updated and expanded paper on the "personhood" movement by Ari Armstrong and myself, titled "The 'Personhood' Movement Versus Individual Rights: Why It Matters that Rights Begin at Birth, Not Conception." The paper is currently available for download as a PDF or for reading as an HTML page.

Formats: HTML / PDF

Please share it with friends and on social media!

Here's our media release on it:

New Paper Criticizes "Personhood" Movement and Colorado's Amendment 67

Wednesday, October 8, 2014

Coalition for Secular Government: http://www.SecularGovernment.us

A new paper criticizes the "personhood" movement and Colorado's Amendment 67, a measure that would treat abortion as murder under the law; outlaw abortion even in cases of rape, incest, risks to a woman's health, and severe fetal deformity; outlaw some types of birth control; outlaw common forms of in vitro fertility treatments; and ban embryonic stem-cell research.

The 54-page paper, coauthored by Diana Hsieh and Ari Armstrong, offers extensive historical and scientific background on the "personhood" movement, abortion, and related matters. The paper also offers philosophic arguments supporting a woman's right to seek an abortion.

"Amendment 67 is extremely misleading in its language," Hsieh said. "The proponents of the measure apparently want voters to believe that it is about protecting pregnant women from vicious criminal attacks, but the reality is that the measure would treat women as murderers for getting an abortion or even for using certain types of birth control or in vitro fertility treatments."

Amendment 67 seeks to extend full legal protections to "unborn human beings," which its sponsors define as all embryos from the moment of conception.

As the new paper discusses, Colorado law already establishes criminal penalties for harming a pregnant woman's embryo or fetus against her consent.
If you have any questions about the paper, please email me.

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21 January 2014

Asking for Rape?

By LOG ME IN



I found that photo on Facebook a while back, with the following caption:

This photo was posted on STFU, Conservatives Tumblr page last night [here]. The reason why I'm sharing it is not because of the photo itself (which is epic in it's own right), but for the comments it generated.

One person wrote, "but then again, its kind like putting a meat suit on and telling a shark not to eat you".

STFU responded (with bolded text):

We (men) are not fucking sharks!

We are not rabid animals living off of pure instinct

We are capable of rational thinking and understanding.

Just because someone is cooking food doesn't mean you're entitled to eat it.

Just because a banker is counting money doesn't mean you're being given free money.

Just because a person is naked doesn't mean you're entitled to fuck them.

You are not entitled to someone else's body just because it's exposed.

What is so fucking difficult about this concept?

Bravo.

Indeed. Also, Laura Jedeed has some really excellent comments on rape and this image too.

Happily, the rights of women in western countries are more widely recognized and better protected today than at any other time in human history. That's a huge achievement, and part of why I'm grateful to live in modern America.

However, more progress awaits us. One example was in the news last year:

A recent court case just exposed a barbarity in California law, namely that it's not rape to trick an unmarried woman into sleeping with you by pretending to be her boyfriend.

Julio Morales was convicted and sentenced to three years in state prison for entering an 18-year-old woman's bedroom and instigating sex with her while she was asleep after a night of drinking at a house party in 2009. According to prosecutors, it wasn't until "light coming through a crack in the bedroom door illuminated the face of the person having sex with her" that she realized Morales wasn't her boyfriend. Holy shit.

But a panel of judges overturned the conviction this week because of a law from 1872 that doesn't give women the same protections as married women because, as we all know, single women are always down for nonconsensual sex, even when they're asleep and/or purposefully tricked into the act.

The court admitted that "If the woman had been married and the man had impersonated her husband" it would be rape. But since there was no ring on her finger, it's not!

Eugene Volokh had some comments here. I agree that rape by fraud shouldn't be a punishable offense, except in cases of impersonation of a lover or spouse. (I'm not sure of the case of mere friends.) As Eugene says of such impersonation:

It is, thankfully, apparently a rare sort of lie; it is very far outside the normal level of dishonesty that people expect might happen in their relationships; it is one for which there is no plausible justification or mitigation; and criminalizing it is unlikely to sweep in the garden variety lies that, unfortunately, often appear in people's sexual and romantic lives.

California law obviously needs to be updated.

Here's another example. The 2012 election was replete with politicians making ridiculous and offensive comments about rape in order to rationalize their across-the-board opposition to abortion. Most notable was Todd Akin's justification for denying abortions to women pregnant due to rape:

... from what I understand from doctors, that’s really rare. If it’s a legitimate rape, the female body has ways to try to shut that whole thing down. But let’s assume that maybe that didn’t work or something. I think there should be some punishment, but the punishment ought to be on the rapist and not attacking the child.

Conservatives need to recognize that forced pregnancy -- not just pregnancy due to rape but any unwanted pregnancy -- is a morally abhorrent violation of rights, not a gift from God.

Alas, the third example hits closer to home for me. In a February 2012 podcast, Leonard Peikoff said that a man is entitled to force himself on a woman if she has a few drinks with him and then goes up to his hotel room. Thankfully, he corrected that a few weeks later, but only in part. By a rather strange analysis, Peikoff concluded that a woman cannot withdraw consent after penetration. In reality, that means that the man can do whatever he pleases to the woman after penetration, even as she kicks and screams and yells and cries in protest. That's seriously, seriously wrong -- and dangerous too.

On a more positive note, you'll find my own views on the nature and limits of consent in sex in this podcast. (It's a pretty lengthy discussion... about over 40 minutes.)

Ultimately, my point here is that the rights of women matter -- and they're not yet fully protected. The image at the top of this post reminds us of that. The fact that she's half-naked doesn't make her any less of a person with the absolute right to forbid another person access to her body.

That's a lesson that some people still need to learn, unfortunately.

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09 September 2013

Coalition for Secular Government Cited in the Wall Street Journal

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I'm delighted to report that the Coalition for Secular Government was mentioned in a recent column in the Wall Street Journal: Bradley Smith: The Supreme Court and Ed Corsi's Life of Political Crime. Here's the relevant tidbit:

In Buckley v. Valeo (1976), and again in Federal Election Commission v. Massachusetts Citizens for Life (1986), the Supreme Court held that the regulatory requirements of operating a political action committee could not be imposed on groups that lacked the primary purpose of supporting or defeating political candidates in elections. But across the country, states are flouting that command, imposing rigid requirements on ordinary citizens who are trying to express their political opinions.

In Colorado, for example, a group of friends calling themselves the Coalition for Secular Government operate a website on which they posted a long policy paper on abortion and church-state relations. The paper concluded by urging Coloradans to vote "no" on a ballot measure. For that, the state says they must register as a political committee and report their activities, income and expenses.

The article begins with an even more egregious case than ours, and it's well worth reading.

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12 August 2013

Tom Varik on Gay Marriage and Spousal Privilege: Philosophy in Action Podcast

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On Wednesday's Philosophy in Action Radio, I interviewed attorney Tom Varik about "Gay Marriage and Spousal Privilege." The podcast of that episode is now available for streaming or downloading. You'll find it on the episode's archive page, as well as below.

You can automatically download podcasts of Philosophy in Action Radio by subscribing to Philosophy in Action's Podcast RSS Feed:



Podcast: Tom Varik about "Gay Marriage and Spousal Privilege"

As the cause of gay marriage gains ever-more traction, many have wondered whether marriage really matters. Attorney Tom Varik argues that it does. In this interview, he discussed the legal status and importance of gay marriage, including the recent Supreme Court cases, as well as the history and limits of spousal privilege.

Tom G. Varik is an attorney in Cleveland, Ohio, where he currently works for the Social Security Administration. He attended the University of Akron School of Law, earning a JD in 2009. Before that, he studied motion picture production at Wright State University in Dayton, Ohio, where he produced several short films featured in various international underground film festivals, and earned a BFA in 2006.

Listen or Download:

Topics:
  • The nature of spousal privilege
  • Testimonial privilege
  • Communication privilege
  • A few examples
  • The history of spousal privilege: Funk v. US (290 U.S. 371) (1933), Hawkins v. US (358 U.S. 74) (1958), Wyatt v. US (362 U.S. 525) (1960), Wolfe v. US (291 U.S. 7) (1934), and Trammel v. US (445 U.S. 40) (1980)
  • The proper rule and proper justification for spousal privilege
  • A parent-child privilege?
  • The relevance of spousal privilege to gay marriage
  • Elements of marriage for which people cannot contract
  • The Defense of Marriage Act (DOMA)
  • The recent Supreme Court Case: Windsor
  • The effects of the patchwork of state laws on gay marriage
  • The Full Faith and Credit Clause
  • The Proposition 8 Supreme Court Case
  • The cultural acceptance of gays

Links:
Tags:
About Philosophy in Action Radio

Philosophy in Action Radio applies rational principles to the challenges of real life in live internet radio shows on Sunday mornings and Wednesday evenings. For information on upcoming shows, visit the Episodes on Tap. For podcasts of past shows, visit the Show Archives.

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06 August 2013

Tom Varik on Gay Marriage and Spousal Privilege: Wednesday on Philosophy in Action Radio

By LOG ME IN

On Wednesday's Philosophy in Action Radio, I'll interview attorney Tom Varik about "Gay Marriage and Spousal Privilege." This episode of internet radio airs at 6 pm PT / 7 MT / 8 CT / 9 ET on Wednesday, 7 August 2013, in our live studio. If you miss that live broadcast, you can always listen to the podcast later.

As the cause of gay marriage gains ever-more traction, many have wondered whether marriage really matters. Attorney Tom Varik argue that it does. He will discuss the legal status and importance of gay marriage, including the recent Supreme Court cases, as well as the history and limits of spousal privilege.

Tom G. Varik is an attorney in Cleveland, Ohio, where he currently works for the Social Security Administration. He attended the University of Akron School of Law, earning a JD in 2009. Before that, he studied motion picture production at Wright State University in Dayton, Ohio, where he produced several short films featured in various international underground film festivals, and earned a BFA in 2006.

To join the live broadcast and its chat, just point your browser to Philosophy in Action's Live Studio a few minutes before the show is scheduled to start. By listening live, you can share your thoughts with other listeners and ask us follow-up questions in the text chat.

If you miss the live broadcast, you'll find the podcast from the episode posted in the archive: Radio Archive: Tom Varik on Gay Marriage and Spousal Privilege. It will be posted on Thursday morning, if not sooner. You can automatically download that and other podcasts by subscribing to Philosophy in Action's Podcast RSS Feed:


I hope you join us on Wednesday evening!

Philosophy in Action Radio applies rational principles to the challenges of real life in live internet radio shows on Sunday mornings and Wednesday evenings. For information on upcoming shows, visit the Episodes on Tap. For podcasts of past shows, visit the Show Archives.

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07 June 2013

Laws Against Marital Infidelity: Philosophy in Action Podcast

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On Sunday's Philosophy in Action Radio, I answered a question on laws against marital infidelity. The question was:

Should marital infidelity be illegal? Many states, including Colorado, have laws against marital infidelity on the books. These laws are rarely if ever enforced. Politicians often attempt to repeal them, but those attempts are often unsuccessful. Many people think that the government ought to "take a moral stand" even if the law isn't enforced. Does that view have any merit? Should these laws be repealed? Why or why not?

My Answer, In Brief: Laws against adultery are wrong and unjust. They do not set a proper moral example, and they undermine respect for the rule of law.

Download or Listen to My Full Answer:

Tags: Adultery, Colorado, Conservatism, Crime, Divorce, Ethics, Law, Marriage, Politics, Rights

Links:
To comment on this question or my answer, visit its comment thread.

A podcast of the full episode – where I answered questions on abortion rights and the violinist argument, Obama's cultural impact, laws against marital infidelity, managing demands for family time, and more – is available here: Episode of 2 June 2013.

You can automatically download podcasts of Philosophy in Action Radio by subscribing to Philosophy in Action's Podcast RSS Feed:
About Philosophy in Action Radio

Philosophy in Action Radio applies rational principles to the challenges of real life in live internet radio shows on Sunday mornings and Wednesday evenings. For information on upcoming shows, visit the Episodes on Tap. For podcasts of past shows, visit the Show Archives.

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20 May 2013

Arranged Marriages: Philosophy in Action Podcast

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On Sunday's Philosophy in Action Radio, I answered a question on arranged marriages that might be of interest. The question was:

Are arranged marriages legally and socially valid? A coworker of mine in his early 20s grew up in India. His parents have arranged his marriage to a young woman who also now lives in the US. He appreciates that his parents selected a wife for him: he doesn't want to spend the time or take the risk of finding a wife himself. Should such a marriage be considered legally valid? Is it just a marriage of convenience? Is the practice of arranged marriages immoral and/or impractical?

My Answer, In Brief: Arranged marriages are legally and socially valid marriages. However, the institution of arranged marriages is a deeply immoral one: the choice of a spouse is too important to leave to others, and if a person isn't competent or interested to decide for himself, then he shouldn't marry.

Download or Listen to My Full Answer:

Tags: Adult Children, Children, Ethics, Family, Independence, Independence, Marriage, Parenting, Relationships
To comment on this question or my answer, visit its comment thread.

A podcast of the full episode – where I answered questions on individualism versus anti-social atomism, poor communication from the boss, visibility of disabled children, arranged marriages, and more – is available here: Episode of 19 May 2013.

You can automatically download podcasts of Philosophy in Action Radio by subscribing to Philosophy in Action's Podcast RSS Feed:
About Philosophy in Action Radio

Philosophy in Action Radio applies rational principles to the challenges of real life in live internet radio shows on Sunday mornings and Wednesday evenings. For information on upcoming shows, visit the Episodes on Tap. For podcasts of past shows, visit the Show Archives.

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17 April 2013

Parental Consent for Abortion: Philosophy in Action Podcast

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On Sunday's Philosophy in Action Radio, I answered a question on parental consent for abortion. The question was:

Should minor girls be required by law to obtain parental consent for an abortion? Normally, parents are legally empowered to make medical decisions for their minor children, and minors cannot obtain medical procedures without parental consent. How should that apply in the case of pregnancy? Should pregnancy and abortion be treated differently from other medical conditions? Should parents be allowed by law to force a daughter under 18 to carry a pregnancy to term or to abort against her will?

My Answer, In Brief: Parents should never be able to force a minor child to bear the burden and risk of carrying a pregnancy to term and giving birth. Hence, parental consent should not be required for abortion. However, a minor child cannot impose the burden of caring for another child on her parents, and so she might need to emancipate herself if she does not wish to terminate the pregnancy but her parents do.

Download or Listen to My Full Answer:

Tags: Abortion, Ethics, Health, Law, Parenting, Pregnancy, Religion, Rights, Sex, Young Adults

Links:
To comment on this question or my answer, visit its comment thread.

A podcast of the full episode – where I answered questions on moral judgments of obese people, parental consent for abortion, atheist as a negative term, living longer, and more – is available here: Episode of 14 April 2013.

You can automatically download podcasts of Philosophy in Action Radio by subscribing to Philosophy in Action's Podcast RSS Feed:
About Philosophy in Action Radio

Philosophy in Action Radio applies rational principles to the challenges of real life in live internet radio shows on Sunday mornings and Wednesday evenings. For information on upcoming shows, visit the Episodes on Tap. For podcasts of past shows, visit the Show Archives.

Philosophy in Action's NewsletterPhilosophy in Action's Facebook PagePhilosophy in Action's Twitter StreamPhilosophy in Action's RSS FeedPhilosophy in Action's YouTube Channel

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09 April 2013

The Validity of Gay Marriage: Philosophy in Action Podcast

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On Sunday's Philosophy in Action Radio, I answered a question on the validity of gay marriage. The question was:

Is "gay marriage" a valid form of marriage? Many people oppose gay marriage on the grounds that marriage is essentially religious, that procreation is central to marriage, or "traditional marriage" should be respected. Should gay unions be considered a valid form of marriage, legally or socially? Might civil unions be an acceptable alternative?

My Answer, In Brief: The various quasi-secular arguments against gay marriage fail, badly. Gay marriage is a matter of rights, and people ought to support it.

Download or Listen to My Full Answer:

Tags: Christianity, Culture, GLBT, Law, Marriage, Politics, Religion, Romance

Links:
To comment on this question or my answer, visit its comment thread.

A podcast of the full episode – where I answered questions on the validity of gay marriage, the is-ought gap, the aftermath of a friendship, mixing politics and romance, and more – is available here: Episode of 7 April 2013.

You can automatically download podcasts of Philosophy in Action Radio by subscribing to Philosophy in Action's Podcast RSS Feed:
About Philosophy in Action Radio

Philosophy in Action Radio applies rational principles to the challenges of real life in live internet radio shows on Sunday mornings and Wednesday evenings. For information on upcoming shows, visit the Episodes on Tap. For podcasts of past shows, visit the Show Archives.

Philosophy in Action's NewsletterPhilosophy in Action's Facebook PagePhilosophy in Action's Twitter StreamPhilosophy in Action's RSS FeedPhilosophy in Action's YouTube Channel

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19 February 2013

The Value of Marriage: Philosophy in Action Podcast

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On Sunday's Philosophy in Action Radio, I answered a question on the value of marriage. The question was:

What is the value of marriage? How is it different from living with a romantic partner in a committed relationship? Is marriage only a legal matter? Or does it have some personal or social benefit?

My Answer, In Brief: The explicit, considered, and public commitment of a marriage offers major legal, business, social, and personal benefits over and above merely living together.

Download or Listen to My Full Answer:

Tags: Dating, Family, Law, Marriage, Relationships, Romance

Links:
To comment on this question or my answer, visit its comment thread.

A podcast of the full episode – where I answered questions on the value of marriage, antibiotic resistance in a free society, concern for attractiveness to others, semi-automatic handguns versus revolvers, and more – is available here: Episode of 17 February 2013.

You can automatically download podcasts of Philosophy in Action Radio by subscribing to our Podcast RSS Feed:

About Philosophy in Action Radio

Philosophy in Action Radio applies rational principles to the challenges of real life in live internet radio shows on Sunday mornings and Wednesday evenings. For information on upcoming shows, visit the Episodes on Tap. For podcasts of past shows, visit the Show Archives.

Philosophy in Action's NewsletterPhilosophy in Action's Facebook PagePhilosophy in Action's Twitter StreamPhilosophy in Action's RSS FeedPhilosophy in Action's YouTube Channel

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14 January 2013

Paul Sherman on Free Speech in Elections: Philosophy in Action Podcast

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I interviewed Institute for Justice attorney Paul Sherman about "Free Speech in Elections" on Philosophy in Action Radio on Wednesday, 9 January 2013.

You can listen to or download the audio podcast any time. You'll find the podcast on the episode's archive page, as well as below.

Podcast: 9 January 2013: Paul Sherman on "Free Speech in Elections"

Many people support restrictions on spending in elections, particularly by corporations, in the name of "transparency" and "accountability." Institute for Justice attorney Paul Sherman takes a very different view. He argues persuasively that any restrictions on campaign spending are violations of freedom of speech. He has successfully argued that view in courts across the country.

Paul Sherman is an attorney with the Institute for Justice. He litigates cutting-edge constitutional cases protecting the First Amendment, economic liberty, property rights and other individual liberties in both federal and state courts. Paul has litigated extensively in the area of campaign finance. He currently represents a group of Florida political activists in Worley v. Roberts, a challenge to state campaign finance laws that burden the right of citizens to pool money for independent ads about ballot issues. Paul also served as co-counsel in SpeechNow.org v. FEC, which the Congressional Research Service described as representing one of "the most fundamental changes to campaign finance law in decades."
Listen or Download:

Topics:
  • Common federal and state campaign finance laws
  • The history of campaign finance laws
  • Breadth in decisions, and my case
  • The results of campaign finance laws
  • Private enforcement of campaign finance laws
  • The value of "transparency" and "accountability" in elections
  • Money as a form of speech
  • Protections for corporate speech
  • Privacy and campaign contributions
  • The irrelevance of funding to campaigns
  • SuperPACS
  • Individuals versus groups in campaign finance
  • The Institute for Justice's current cases and strategy
  • Truly supporting the First Amendment
  • How to effectively defend free speech


Relevant Links:

Tags:

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09 January 2013

Paul Sherman on Free Speech in Elections: Wednesday on Philosophy in Action Radio

By LOG ME IN

On tonight's episode of Philosophy in Action Radio, I'll interview Institute for Justice attorney Paul Sherman about "Free Speech in Elections."

This episode of internet radio airs on this evening, 9 January 2013, at 6 PT / 7 MT / 8 CT / 9 ET in our live studio. If you miss that live broadcast, you can listen to the podcast later.

Here's a bit more about the show:

Many people support restrictions on spending in elections, particularly by corporations, in the name of "transparency" and "accountability." Institute for Justice attorney Paul Sherman takes a very different view. He claims that any restrictions on campaign spending are violations of freedom of speech, and he has successfully argued that view in courts across the country.

Paul Sherman is an attorney with the Institute for Justice. He litigates cutting-edge constitutional cases protecting the First Amendment, economic liberty, property rights and other individual liberties in both federal and state courts. Paul has litigated extensively in the area of campaign finance. He currently represents a group of Florida political activists in Worley v. Roberts, a challenge to state campaign finance laws that burden the right of citizens to pool money for independent ads about ballot issues. Paul also served as co-counsel in SpeechNow.org v. FEC, which the Congressional Research Service described as representing one of "the most fundamental changes to campaign finance law in decades."

To join the live broadcast and its chat, just point your browser to Philosophy in Action's Live Studio a few minutes before the show is scheduled to start. By listening live, you can share your thoughts with other listeners and ask us follow-up questions in the text chat.

Again, if you miss the live broadcast, you'll find the audio podcast from the episode posted in the archive: Radio Archive: 9 January 2013.

I hope that you join us on Wednesday evening, but if you can't attend live, be sure to listen to the podcast later!

Philosophy in Action Radio applies rational principles to the challenges of real life in live internet radio shows on Sunday mornings and Wednesday evenings. For information on upcoming shows, visit the Episodes on Tap. For podcasts of past shows, visit the Show Archives.

Read more...

08 January 2013

Gay "Conversion" Therapy: Philosophy in Action Podcast

By LOG ME IN

On Sunday's Philosophy in Action Radio, I answered a question on gay "conversion" therapy. I thought that might be of interest. The question was:

Was California right or wrong to ban "gay cure" therapy for minors? Recently, California banned "reparative" or "conversion" therapy – meaning, therapy that aims to make gay teenagers straight. Such therapy is widely regarded as dangerous pseudo-science by mental health professionals. The ban only applies to patients under 18. So adults can still choose such therapy for themselves, but parents cannot foist it on their minor children. Is such therapy a form of child abuse? Or should parents have the power to compel such therapy on their children, even if they're morally wrong to do so?
My Answer, In Brief: Gay "conversion" therapy, even when voluntary, can be deeply destructive to a teenager. I'm not sure that it should be banned, however.

Download or Listen to My Full Answer:


Tags: Ethics, GLBT, Law, Parenting, Psychology, Rights, Torts Relevant Links:
To comment on this question or my answer, visit its comment thread.

A podcast of the full episode – where I answered questions on manipulating finances to qualify for welfare, initiating contact in friendship, poking fun at values, gay "conversion" therapy, and more – is available as a podcast here: Episode of 6 January 2013.

About Philosophy in Action Radio

Philosophy in Action Radio applies rational principles to the challenges of real life in live internet radio shows on Sunday mornings and Wednesday evenings. For information on upcoming shows, visit the Episodes on Tap. For podcasts of past shows, visit the Show Archives.

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