9th Circ. Finds Calif.'s Gay Conversion Ban Constitutional

Law360, Los Angeles (August 29, 2013, 10:23 PM EDT) -- The Ninth Circuit ruled Thursday that California's legislative ban on mental health treatments aimed at "curing" homosexuality in children under 18 is constitutional, saying the ban regulates professional conduct, not speech, and therefore doesn't violate therapists' First Amendment rights.

The appeals court said California's legislature had acted rationally by passing S.B. 1172, which established the ban on "sexual orientation change efforts" by mental health providers, because the bill was designed to protect the well-being of minors.

"Because [the bill] regulates only treatment, while leaving mental health providers free to discuss and recommend, or recommend against, [sexual orientation change efforts], we conclude that any effect it...

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