By Mary Slosson
SACRAMENTO, Dec 4 (Reuters) - A federal judge on Tuesday
cleared the way for a landmark California law that bars a
controversial therapy aimed at reversing homosexuality in
children and teenagers to take effect in January.
California's Democratic Governor Jerry Brown signed the ban
into law in September, making the nation's most populous state
the first to ban so-called conversion therapy among youths.
U.S. District Court Judge Kimberly Mueller denied an
injunction request against the law filed by the National
Association for Research and Therapy of Homosexuality and the
American Association of Christian Counselors, as well as unnamed
individuals who sued shortly after the law was signed.
"The court finds there is no fundamental or privacy right to
choose a specific mental health treatment the state has
reasonably deemed harmful to minors," Mueller wrote in a 44-page
decision.
The ruling came one day after another federal judge chose to
allow an injunction against the law stemming from a different
lawsuit, but only applied the ruling to three individuals: Two
licensed therapists and one aspiring therapist.
U.S. District Court Judge William Shubb ruled the trio would
temporarily not be subject to the legislation pending resolution
of a trial on their complaints.
The law bars therapists from performing sexual-orientation
change counseling with children and teenagers under 18. It was
supported by the California Psychological Association.
Gay rights advocates say the therapy can psychologically
harm gay and lesbian youths, leading to depression or even
suicide. They say the treatment, also called reparative therapy,
has no medical basis because homosexuality is not a disorder.
"On behalf of the untold number of children who can expect
to be spared the psychological abuse imposed by reparative
therapy, I'm thrilled that today's ruling by Judge Mueller will
continue to protect our children from serious harm," the bill's
sponsor, state Senator Ted Lieu, said in a statement.
"The net effect of these two rulings is that SB 1172 takes
effect Jan. 1 for everyone except for three individuals," he
added.
Lawyers for the plaintiffs in both cases, filed against
Brown and other state officials, argued that the law violates
constitutionally protected rights to free speech and freedom of
religion.
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