The Story: Two federal judges in Sacramento have
come to opposite conclusions on the constitutionality of a new
California law that bars the use of "gay conversion therapy" on minors, reports The Sacramento Bee.
The Background: On Monday, a U.S. District judge
ruled that the reparative therapy ban "lacks content and viewpoint
neutrality" in violation of the First Amendment. But on Tuesday, a
different U.S. District judge ruled that the law prohibiting licensed
mental health providers from steering patients under 18 away from gay
and lesbian lifestyles does not infringe on the suing providers'
constitutional guarantee of free speech.
Senate Bill 1172,
which was signed into law by Calif. Governor Jerry Brown on Sept. 29,
will make it illegal for mental health providers to use sexual
orientation change efforts on patients under the age of 18. According to
the law, these types of efforts "shall be considered unprofessional
conduct and shall subject a mental health provider to discipline by the
licensing entity for that mental health provider."
Liberty Counsel, a religious freedom advocacy organization, will file
an emergency appeal with the Ninth Circuit Court of Appeals to block
the law before it goes into effect on January 1, 2013.
Why It Matters: "The minors we represent have not
and do not want to act on their same-sex attractions. They are greatly
benefiting from counseling," says Matt Staver of the Liberty Counsel.
"On January 1, the state of California will essentially barge into the
room of each counseling session to tell the counselor what they may
present, and clients what they may receive, only one viewpoint on
same-sex attraction. This is outrageous and offensive." Continue at Joe Carter
