January 30, 2014

The following excerpts are from the article “9th Circuit ignores precedent, change-therapy ban stands” by Bob Unruh on World Net Daily: “The 9th U.S. Circuit Court of Appeals has refused to rehear a challenge to California’s ban on sexual orientation change therapy – but in the course of reaching that conclusion, has backhanded precedent from the U.S. Supreme Court, where is headed next, a minority opinion has concluded.”

“‘May California remove from the First Amendment’s ambit the speech of certain professionals when the state disfavors its content or its purpose? – The Supreme Court has definitely and unquestionably said ‘No.’ It is no longer within our discretion to disagree,’ said the minority opinion from Judge Diarmuid O’Scannlain.”

“He was joined by two other judges in the dissent, which said, ‘Legislatures cannot nullify the First Amendment’s protections for speech by playing this labeling game.’”

“‘Indeed,’ he said, ‘authoritative precedents have established that neither professional regulations generally, nor even a more limited subclass of rules, remain categorically outside of the First Amendment’s reach.’”

“The issue was California’s state law, SB1172, which banished statements that could be used by counselors or therapists to address unwanted same-sex attractions among young patients. Essentially, the pro-homosexual movement in the state legislature decided that counselors could advocate for same-sex feelings and proclivities, but not for heterosexual feelings and behavior.” …