"Gay Therapy" Ban in Legal Limbo
By Ben Adler
Tuesday, December 4, 2012

CPR photo/Andrew Nixon
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A crackdown on the controversial practice known as “gay conversion therapy” is set to take effect in California on January 1st. But the new law is in legal limbo after conflicting court rulings from two different federal judges.

Democratic State Senator Ted Lieu's measure would ban the use of therapy aimed at turning gay people straight on children under 18.

Lieu: "The state, the government, has traditionally regulated medicine and medical conduct.  And this law regulates the practice of medicine.  It really is not directed at speech."

U.S. District Judge Kimberly Mueller agreed with Lieu - she declined to issue an injunction blocking the law from taking effect.  Another judge in the same Sacramento-based federal court district, William Shubb, came to an opposite conclusion - and he DID issue an injunction.  But Shubb's ruling was a narrow one and will only apply to the three plaintiffs.  Barring a successful appeal in the other case, the law would take effect on time in January.




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