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No-Fault Divorce Is Not the Right Way to Achieve “Therapeutic Justice”

While it is good that legal systems have become more sensitive to the psychological effects of the law on participants in the legal process, we should be wary of claims that assert that no-fault divorce is “therapeutic” for divorcing couples or their children. Advocates for the sanctity of marriage across the globe should pay close attention to this shift.
A growing number of jurisdictions have taken steps to pass bans on “conversion therapy,” a term referring to efforts or interventions to change or suppress the sexual orientation or gender identity (SOGI) of persons. These bans enforce a message of expressive individualism—that the only acceptable response is to “affirm” a person’s SOGI—and rest on a faulty anthropology on sex and gender. They infringe upon aspects of individual and group autonomy, and they negatively impact public order, health, and moral considerations.