clear
Tuesday August 4th, 2015 11:57AM

Calif. gay therapy ban sparks competing rulings

By Ken Stanford Reporter
SAN FRANCISCO (AP) -- Two federal judges in California have arrived at opposite conclusions on whether the state's first-of-its-kind law prohibiting licensed psychotherapists from trying to change the sexual orientations of gay minors violates the Constitution. The measure remains clear to take effect on Jan.1.

U.S. District Judge Kimberly Mueller on Tuesday refused to block the law after concluding that opponents who have sued in her Sacramento court to overturn it were unlikely to prove the ban on "conversion" therapy violates their civil rights.

The opponents argued the law would make them liable for discipline if they merely recommended the therapy to patients or discuss it with them. Mueller said they didn't demonstrate that they were likely to win, so she wouldn't block the law.

Mueller issued her decision in a lawsuit filed by four counselors, two families, a professional organization for practitioners and a Christian therapists group. It came half a day after her colleague, U.S. District Judge William Shubb, handed down a somewhat competing ruling in a similar, but separate lawsuit.

Saying he found the First Amendment issues presented by the ban to be compelling, he ordered the state to temporarily exempt three people named in the case before him - two mental health providers and a former patient who is studying to practice sexual orientation change therapy.

Sen. Ted Lieu, who sponsored the law, said Tuesday that because Shubb limited the scope of his decision, Mueller ruling means the law may be applied statewide at the beginning of the new year - except for the three individuals mentioned.

The future of the statute remains unclear, however. Mathew Staver, chairman of the Christian legal group Liberty Counsel, said Tuesday he planned to appeal Mueller's decision and seek an emergency injunction to keep the law on hold until its constitutionality is determined.

"I'm really stunned by this decision," Staver said. "I think Judge Shubb's decision was really on the money."

The law, which was passed by the Legislature and signed by Gov. Jerry Brown in October, states that therapists and counselors who use "sexual orientation change efforts" on clients under 18 would be engaging in unprofessional conduct and subject to discipline by state licensing boards.
© Copyright 2015 AccessWDUN.com
All rights reserved. This material may not be published, broadcast, rewritten, or redistributed without permission.
Doctors: Blood clot located in Clinton's head
Secretary of State Hillary Rodham Clinton developed a blood clot in her head but did not suffer a stroke or neurological damage, her doctors said Monday. They say they are confident that she will make a full recovery.
3:55PM ( 2 years ago )
Illinois Sen. Kirk to return a year after stroke
Nearly a year after a stroke left him barely able to move the left side of his body, U.S. Sen. Mark Kirk is expected to climb the 45 steps to the Senate's front door this week - a walk that's significant not just for Illinois' junior senator, but also for medical researchers and hundreds of thousands of stroke patients.
3:54PM ( 2 years ago )
U.S. News
Couch names administrative team
Ahead of his scheduled swearing in Friday, Hall County Sheriff-elect Gerald Couch named his top administrative team Monday.
6:28PM ( 2 years ago )
Tech beats Southern California in Sun Bowl
Tevin Washington threw a touchdown pass and ran for another score to help Georgia Tech beat Southern California 21-7 on Monday in the Sun Bowl.
5:54PM ( 2 years ago )
Hall Co. officials launch health-based initiative for employees
Hall County officials believe healthy county employees will be of greater service to the county. With that in mind, they have created a health-based fitness initiative to provide free fitness training for county workers.
5:46PM ( 2 years ago )
Local/State News
Ga. ethics legislation could end free tickets
General Assembly approval next year of a proposed ethics reform measure could endanger an important fall tradition for Georgia lawmakers - free football tickets.
6:26PM ( 2 years ago )
Abortion restrictions, tax changes loom in Ga.
Tax breaks for manufacturers and higher unemployment taxes for employers take effect with the new year in Georgia, but it remains to be seen whether the state's newest abortion restrictions will be enforced.
6:23PM ( 2 years ago )
Budget battle sends mixed signals on health care
Confused about the federal budget struggle? So are doctors, hospital administrators and other medical professionals who serve the 100 million Americans covered by Medicare and Medicaid.
6:20PM ( 2 years ago )
Politics
More fights ahead on Planned Parenthood after Senate vote
WASHINGTON (AP) — In the aftermath of the Senate's derailing of Republican legislation halting federal dollars for Planned Parenthood, one thing seems clear: Many on both sides think they can ring up...
7:17AM ( 4 hours ago )
US auto sales strong in July on SUV, luxury demand
DETROIT (AP) — More Americans are buying cars that say "look at me."Luxury vehicles like Audis and Volvos drove off dealer lots at a furious pace in July and, combined with sizzling demand for SUVs, h...
4:14PM ( 19 hours ago )
Climate change: Obama orders steeper emissions cuts from power plants
Aiming to jolt the rest of the world to action, President Barack Obama moved ahead Sunday with even tougher greenhouse gas cuts on American power plants.
By The Associated Press
6:40PM ( 1 day ago )
Some Americans refuse to give up on Confederate flag
Many Americans assumed the Confederate flag was retired for good
By Associated Press
6:30PM ( 1 day ago )
Biden for President? Associates mulling Clinton challenge
Vice President Joe Biden's associates have resumed discussions about a 2016 presidential run after largely shelving such deliberations while his son was sick and dying earlier this year.
By The Associated Press
9:50AM ( 2 days ago )