Judge fears gay conversion therapy ban's unintended consequences

SACRAMENTO (Reuters) - A federal judge on Monday expressed concerns over the unintended consequences of a landmark California law that bars a controversial therapy aimed at reversing homosexuality in minors as a Christian group argued the law should be halted.

California's Democratic governor, Jerry Brown, in September signed into law a ban against so-called conversion therapy for children and teenagers, making the nation's most populous state the first in the country to do so.

Gay rights advocates say the therapy can psychologically harm gay and lesbian youths, leading to depression or, in the worst cases, suicide.

A judge hearing arguments by the second of two Christian legal groups that filed suit in the U.S. District Court for the Eastern District of California seeking to prevent the ban from taking effect expressed concerns that banning licensed practitioners from offering the therapy would only drive parents to seek out the treatment from unlicensed providers.

"That's what they used to do with abortions. It didn't work very well," Judge William Shubb said, mentioning back-alley procedures that endangered women's health. "It may also be the opposite of what the state was trying to accomplish."

The law, due to go into effect on January 1, bars therapists from performing sexual-orientation change counseling with children and teenagers under 18 and was supported by the California Psychological Association.

Passage of the law marked a major victory for gay rights advocates who say the treatment, also called reparative therapy, has no medical basis because homosexuality is not a disorder.

Lawyers for the plaintiffs in the case, filed by the Christian legal group Pacific Justice Institute, argued that the law violates constitutionally protected rights to free speech and freedom of religion.

Attorneys for the state were joined by lawyers from Equality California, which was a sponsor of the bill, in arguing that there is substantial evidence that the practice causes harm to those who undergo it.

An attorney for Equality California, Michelle Friedland, argued that California's licensing boards should not condone a practice admonished by major medical organizations, and it would be unethical for therapists to refer their clients to a treatment that was scientifically discredited.

The bill's sponsor, state Senator Ted Lieu, a Democrat from the Los Angeles suburb of Torrance, told Reuters after he attended the hearing that he hopes California's prohibition of the practice would spur those who might be tempted to get the treatment elsewhere to pause and carefully consider why the state had banned the practice.

Shubb indicated he would rule soon in the case, filed against Brown and other state officials. Another similar suit seeking a separate injunction against the law was argued on Friday, and the judge in that case indicated she would rule this week.

(Reporting by Mary Slosson; Editing by Lisa Shumaker)

Source: http://news.yahoo.com/judge-fears-gay-conversion-therapy-bans-unintended-consequences-034422814.html

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