Constitutional Law
Jan. 16, 2013
Reparative therapy ban passes muster
California's recently enacted law, Senate Bill 1172, which prohibits "therapy" aimed at changing a child's sexual orientation, is clearly constitutional. By Erwin Chemerinsky
Erwin Chemerinsky
Dean and Jesse H. Choper Distinguished Professor of Law
UC Berkeley School of Law
Erwin's most recent book is "Worse Than Nothing: The Dangerous Fallacy of Originalism." He is also the author of "Closing the Courthouse," (Yale University Press 2017).
California's recently enacted law, Senate Bill 1172, which prohibits "therapy" aimed at changing a child's sexual orientation, is clearly constitutional. The government unquestionably has the power to prohibit therapies that are harmful or ineffective. The 9th U.S. Circuit Court of Appeals' preliminary injunction, issued on Dec. 23, 2012, in Pickup v. Brown, keeping the law from going into effect pending appeal, w...
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