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Second Judge Denies Request for Injunction Against California’s Ex-Gay Therapy Bill

Jim Burroway

December 4th, 2012

In a second, separate case filed in Federal District Court seeking to block California’s ban on Sexual Orientation Change Efforts (SOCE) for minors from taking effect, Judge Kimberly K. Mueller denied (via Scribd) Liberty Counsel’s request to issue a preliminary  injunction against the state of California. In Judge Mueller’s 44-page ruling denying the request, she reviewed the state legislature’s methodology for modifying the proposed law in consultation with the state’s licensing mental health organizations which are ultimately responsible for enforcing the ban. She concluded that “the court finds plaintiffs are not likely to prevail on the merits so as to prevail at this stage of the litigation.”

This case is David Pickup v Edmund G Brown, which is NARTH and Liberty Counsel’s challenge to California’s S.B. 1172, which  prohibits California’s licensed professionals from providing SOCE for minors. Therapists who violate the ban will be subject to discipline by the professional organization responsible for their licensing. The bill does not prohibit therapists from providing SOCE to adults, nor does it affect unlicensed counsellors, pastors, and other ex-gay therapy providers such as religious-based ex-gay ministries.

David Pickup, who say s he is ex-gay and is now a therapist with NARTH,  has emerged as NARTH’s chief spokesman against the new law. Pickup was particularly critical of Exodus International when the evangelical ex-gay organization distanced itself earlier this year from Reparative Therapy, a particular form of SOCE which is rooted in a specific set of unproven theories of sexual orientation. (A particularly cringe-worthy video featuring Pickup explaining his approach to “increasing manhood” can be seen here.)

Earlier today, a different Federal District Judge issued a preliminary injunction (via Scribd) which prevents the state of California from enforcing S.B. 1172 against three plaintiffs who are also seeking to overturn the ban. That injunction however is limited to those three plaintiffs only. Judge William Shubb found that the plaintiffs “are likely to succeed on the merits of their 42 U.S.C. § 1983 claims based on violations of their rights to freedom of speech under the First Amendment.”

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