Law Prohibiting Sexual Orientation Change Efforts Does Not Infringe On First Amendment Or Other Fundamental Rights.

The California Legislature passed a law banning state-licensed mental health providers from engaging in sexual orientation change efforts. In two cases, plaintiffs [National Association for Research and Therapy of Homosexuality and American Association of Christian Counselors, among others] sought to enjoin enforcement of the law, arguing it violates the First Amendment and infringes on several other constitutional rights. In one case, the trial court ruled plaintiffs were unlikely to succeed on the merits, and in the other case, the trial court granted a preliminary injunction. The Ninth Circuit reversed the order granting the preliminary injunction and affirmed the order of denial, stating the law is “a regulation of professional conduct, does not violate the free speech rights of SOCE [ sexual orientation change efforts ] practitioners or minor patients, is neither vague nor overbroad, and does not violate parents’ fundamental rights.” Pickup v. Brown and Welch v. Brown (Ninth Cir., August 29, 2013) (Case No.’s 12-17681, 13-15023).