UPDATE: Federal Judge Temporarily Blocks California's Landmark Gay Conversion Therapy Ban

Categories: Queer Town

Judge William Shubb.jpg
U.S. District Judge William Shubb
Update: Another federal judge in a different lawsuit over California's gay conversion therapy ban does not grant an injunction to block the law from taking effect. More after the jump.

When California Governor Jerry Brown signed into law the first ban on gay conversion therapy in the United States, gay activists across the country rejoiced. On Monday, however, a federal judge put that historic legislation on hold -- at least for the plaintiffs in his case.

Introduced by state Senator Ted Lieu of Los Angeles, the law particularly stood out because it banned conversion therapy for minors so parents couldn't force their gay sons and daughters into treatment.

But U.S. District Judge William Shubb found that SB 1172 may infringe upon gay conversion therapists' First Amendment rights -- and signed an injunction to block the enforcement of the ban only for the three plaintiffs in his case. A federal lawsuit seeking to overturn the law was filed in October by three therapists who are represented by the Christian legal group called the Pacific Justice Institute.

In a nutshell, gay conversion therapy attempts to turn gay folks into straight folks -- and there have been horror stories over the years of people going through such things as shock treatment.

Conversion therapy has also come under fire in New Jersey, where a group of gay men have recently sued a gay conversion therapist.

UPDATE, 3 p.m.: Today, in a different lawsuit over the gay conversion therapy ban in California, U.S. District Judge Kimberly J. Mueller did not grant an injunction to block the law from taking effect in January. The ruling has caused some confusion, so here's how things have played out.

There are two separate lawsuits to overturn California's gay conversion therapy ban. One lawsuit is being handled by Shubb, the other by Mueller. Shubb granted an injunction ONLY for the three plaintiffs in that case, according to California Attorney General spokeswoman Lynda Gledhill. Mueller refused to block the law in her case.

As a result, says Ray Sotero, spokesman for state Senator Ted Lieu, the gay conversion therapy ban will still go into effect. Gledhill backs up Sotero.

"The net effect" of the rulings, says Gledhill, is "the ban will be in place, except for the three plaintiffs" in Shubb's case.

Something could change between now and January, says Gledhill, but for now nearly all gay conversion therapy is banned in California. Sotero says Lieu is "hopeful that both court cases will finished before the end of the year."

The federal court system doesn't often work that quickly, but Sotero strongly believes that can happen. Gledhill says it's a possibility, but wouldn't be surprised if it took longer to resolves the two cases.

Interestingly, Mueller is an Obama appointee while Shubb was appointed by President George H.W. Bush.

Contact Patrick Range McDonald at pmcdonald@laweekly.com.

My Voice Nation Help
0 comments

Now Trending

From the Vault

 

General

©2013 LA Weekly, LP, All rights reserved.
Browse Voice Nation
  • Voice Places Los Angeles

    Voice Places

    Find everything you're looking for in your city

  • Happy Hour App

    Happy Hour App

    Find the best happy hour deals in your city

  • Daily Deals

    Daily Deals

    Get today's exclusive deals at savings of anywhere from 50-90%

  • Best Of

    Best Of...

    Check out the hottest list of places and things to do around your city