Sunday, November 30, 2014

Religion Clause: 9th Circuit, With Dissents, Denies En Banc Review In Reparative Therapy Ban Challenge

The continuing saga of California's SB 1172.
In Welch v. Brown, (ED CA, Nov. 5, 2014), a California federal district rejected Free Exercise and Establishment Clause challenges to California's ban on mental health professionals providing "sexual orientation change efforts" (SOCE) for minors. The decision follows on the 9th Circuit's rejection of a free speech challenge to the law. At issue was a claim by a licensed therapist who was also an ordained minister. The court held that the SOCE ban is a neutral law of general applicability, so that only rational basis review need be applied, saying:
Religion Clause: 9th Circuit, With Dissents, Denies En Banc Review In Reparative Therapy Ban Challenge

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