The 9th U.S. Circuit Court of Appeals in San Francisco tomorrow will hear oral arguments in a case challenging California’s ban on therapies for “gay” young people who want to be heterosexual.
Mat Staver, founder and chairman of Liberty Counsel, will represent children, their parents and counselors in Pickup v. Brown.
The case is a response to SB 1172, which bans any counseling to minors seeking to diminish or eliminate unwanted same-sexual attractions, behavior or identity.
On Dec. 21, 2012, the court granted Liberty Counsel an emergency motion to temporarily block the law from going into effect Jan. 1. Liberty Counsel argues that the legislation interferes with counselors’ treatment of patients in an unprecedented way.
“This is the first time in history that a state has burst into a counseling room and told the counselor what may be said and what the client may hear,” said Staver.
“You can talk about same-sex attractions as long as you affirm them as good, natural and normal. But under no circumstances may a counselor offer, or a minor receive, counsel to change sexual orientation, same-sex romantic feelings, behavior or identity,” Staver said.
The court will determine whether or not the law will continue to be blocked or go into effect.
“A number of California counseling associations objected to a virtually identical version of the law, stating it was an ‘unprecedented regulation of psychotherapy’ and noting that the definition of ‘sexual orientation change efforts’ was vague,” said Staver.
Groups representing mental health professionals have found the legislation to be troublesome. In addition, psychiatrists and psychologists say minors should be able to consent to therapy aimed at changing their sexual orientation.
“A 2009 American Psychological Association’s Task Force Report admits sexual orientation, behavior and identity are fluid and thus capable of change. Yet, SB 1172 bans change therapy under any circumstance,” Staver pointed out.
“The minors we represent have not and do not want to act on same-sex attractions, nor do they want to engage in such behavior. They are greatly benefiting from counseling,” Staver said. “This law is politically motivated to interfere with counselors and clients. The law is an unprecedented attempt to regulate what a counselor may say and what a client may hear. It crosses the line and violates the Constitution.”
Liberty Counsel previously filed a brief asserting state lawmakers in California moved far beyond what the Constitution allows.
“The state took a cannon to kill a gnat,” the appeal brief said.
It explained: “A viewpoint-based speech restriction has never been upheld by the Supreme Court or any court. … SB 1172 is viewpoint-based because it allows counselors to discuss and clients to hear about the subject of sexual orientation, behavior, or identity (hereafter SSA), but precludes a particular viewpoint on that subject, namely that SSA can change. SB 1172 silences one viewpoint (change) on an otherwise permissible subject (SSA). Sexual orientation change efforts (SOCE) in SB 1172 are defined as counseling that seeks to ‘eliminate or reduce sexual or romantic attractions or feelings towards individuals of the same sex.’”
Liberty Counsel filed the lawsuit challenging the new law Oct. 4, 2012, on behalf of several parents and their children who are receiving and benefiting from such counseling; several licensed counselors who provide such counsel; the National Association for Research and Therapy of Homosexuality (NARTH); and the American Association of Christian Counselors (AACC), an organization with about 50,000 professional counseling members.
The law was adopted by majority Democrats in the state legislature and signed by Democrat Gov. Jerry Brown.
SB 1172 is from a legislature that also demanded that school children “celebrate” the life of pedophile Harvey Milk and banned any negative discussions about being “gay.”
WND has reported California has adopted numerous sexual indoctrination bills, including SB 48, which requires positive portrayals of lesbian, gay, bisexual and transgender persons in public school social studies and history classes.
Others cited by SaveCalifornia.com include:
- SB 543, signed by then-Gov. Arnold Schwarzenegger in 2010, “allows school staff to remove children ages 12 and up from government schools and taken off-campus for counseling sessions, without parental permission or involvement.”
- ACR 82, approved by the California Legislature in 2010, “creates de facto ‘morality-free zones’ at participating schools (pre-kindergarten through public universities). Schools that become official ‘Discrimination-Free Zones’ will ‘enact procedures’ (including mandatory counseling) against students from pre-kindergarten on up who are accused of ‘hate,’ ‘intolerance,’ or ‘discrimination.’” The definition of “hate” includes peacefully speaking or writing against the unnatural lifestyles choices of homosexuality and bisexuality.
- SB 572, signed by Schwarzenegger in 2009, establishes “Harvey Milk Day” in K-12 California public schools and community colleges. In classrooms, schools and school districts that participate, children are taught to admire the life and values of late homosexual activist and teen predator Harvey Milk of San Francisco in the month of May.
- SB 777, signed by Schwarzenegger in 2007, prohibits all public school instruction and every school activity from “promoting a discriminatory bias” against (effectively requiring positive depictions of) transsexuality, bisexuality and homosexuality to schoolchildren as young as 5 years old.
- AB 394, signed by Schwarzenegger in 2007, effectively promotes transsexual, bisexual and homosexual indoctrination of students, parents and teachers via “anti-harassment” and “anti-discrimination” materials, to be publicized in classrooms and assemblies, posted on walls, incorporated into curricula on school websites, and distributed in handouts to take home.
- SB 71, signed by Gov. Gray Davis in 2003 and implemented in 2008 through the new “sexual health” standards approved by appointees of Schwarzenegger and State Superintendent of Public Instruction Jack O’Connell, teaches children as young as fifth grade that any consensual sexual behavior is “safe” as long as you “protect” yourself with a condom, and teaches children that homosexuality, bisexuality and transsexuality is “normal.”
- AB 1785, signed by Davis in 2000, required the California State Board of Education to alter the state curriculum frameworks to include and require “human relations education” for children in K-12 public schools, with the aim of “fostering an appreciation of the diversity of California’s population and discouraging the development of discriminatory attitudes and practices,” according to the state legislative counsel’s digest.
- AB 537, signed by Davis in 1999, permits teachers and students to openly proclaim and display their homosexuality, bisexuality or transsexuality, even permitting cross-dressing teachers, school employees and student on campus, in classrooms and in restrooms.
WND reported the state’s most recent move to take pro-homosexual advocacy to new levels, with a plan to help “infertile” homosexual duos with pregnancies.
The bill, AB 460, would extend “non-discrimination” to homosexuals and lesbians regarding fertility, establishing a requirement that insurance companies provide “treatment of infertility.”