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

Supreme Court Upholds California's Ban on Gay Reparative Therapy For Children - The New Civil Rights Movement

The Supreme Court has refused certiorari to two cases challenging the California law prohibiting practitioners from trying to change the sexual orientation or gender expression of lesbian, gay, bisexual, and transgender children. Since they are the court of last resort, that means going forward, mental health professionals may no longer offer gay reparative therapy, also known as "gay conversion therapy" or "ex-gay therapy", to minors, regardless of their parent's wishes. Professionals who violate the law can be sanctioned by state licensing authorities and professional organizations, and may be sued for damages by patients.

The law, originally Senate Bill 1172 authored by state senator Ted Lieu, was signed by Governor Jerry Brown in 2012, but was immediately challenged in two separate cases by psychiatrists claiming it infringed the free speech rights of therapists. The 9th Circuit denied their challenges, upholding the law, and today the Supreme Court has made their decision final.

Supreme Court Upholds California's Ban on Gay Reparative Therapy For Children - The New Civil Rights Movement