A federal judge has placed a block on California's recently passed SB 1172, which bans harmful "ex-gay" therapy for minors but has limited his order to three people — "psychiatrist Anthony Duk, marriage and family therapist Donald Welch, and Aaron Bitzer, a former patient who is studying to become a counselor who specializes in clients who are unhappy being gay" — until a trial can be held on the merits of their challenge.
U.S. District Court Judge William Shubb (right) made a decision just hours after a hearing on the issue, ruling that the First Amendment rights of psychiatrists, psychologists and other mental health professionals who engage in "reparative" or "conversion" therapy outweigh concern that the practice poses a danger to young people.
"Even if SB 1172 is characterized as primarily aimed at regulating conduct, it also extends to forms of (conversion therapy) that utilize speech and, at a minimum, regulates conduct that has an incidental effect on speech," Shubb wrote.
The judge also disputed the California Legislature's finding that trying to change young people's sexual orientation puts them at risk for suicide or depression, saying it was based on "questionable and scientifically incomplete studies."
NCLR Legal Director Shannon Minter, Esq. released a statement in response to Shubb's ruling:
“We are disappointed by the ruling but very pleased that the temporary delay in implementing this important law applies only to the three plaintiffs who brought this lawsuit. The judge stressed that he was willing to issue the ruling in part because it is temporary and applies only to three individuals. We are confident that as the case progresses, it will be clear to the court that this law is fundamentally no different than many other laws that regulate health care professionals to protect patients. That is especially important in this case because the harms to minors are so serious, including suicide and severe depression. Every leading medical and mental health organization in the country has rejected these practices and warned that they are not only completely ineffective, but dangerous. California did the right thing by enacting this law, and we are confident the courts will find that it is not only constitutional, but vitally necessary. It is heartbreaking to think of the terrible damage that has been done to so many LGBT youth and their families, and of the lives that have been lost or destroyed because of these discredited practices.
We applaud Senator Ted Liu, the bill's author, lead sponsor Equality California, the California Legislature, and Governor Brown for protecting these young people and their families. Governor Brown's statement when he signed this bill is right on target: ‘This bill bans non-scientific 'therapies' that have driven young people to depression and suicide. These practices have no basis in science or medicine and they will now be relegated to the dustbin of quackery.'”
The law, which was passed on September 29, goes into effect on January 1, 2013.
