Lawsuit challenging state gay conversion therapy ban dismissed

A federal judge has dismissed a private Christian school's challenge to a state law banning gay conversion therapy for minors.

Last month's complaint from the operators of River View Christian Academy claimed their religious freedom was violated by SB 524, a law signed in 2016. Teen Rescue v. Xavier Becerra, 19-CV-00457 (E.D. Cal., filed March 13, 2019).

The law was inspired by stories from students who attended the school, some of whom testified in legislative hearings. The case was filed on behalf of Teen Rescue, the school's parent organization, by the conservative Pacific Legal Foundation. Reached last month, lead attorney Kevin T. Snider said the state lacks the jurisdiction to enforce the policy against a religious school.

But in a ruling late last week, U.S. District Judge John A. Mendez of the Eastern District of California said it was his court that lacked jurisdiction. Mendez agreed with an April 9 motion from the California Department of Justice arguing a federal court didn't need to consider the motion under the Younger Abstention Doctrine.

This is a reference to Younger v. Harris, 401 U.S. 37 (1971), a case which bars "federal court interference with state court proceedings."

Mendez found an investigation and notice of violations filed by the California Department of Social Services constituted on "ongoing" action involving "important state interests." He also declined to grant a temporary restraining order sought by the plaintiffs, writing "there is no evidence" they will suffer irreparable harm.

Matthew B. McReynolds, co-counsel with the plaintiffs, declined to say whether they would appeal or file an action in state court.

"We're weighing a lot of different options," McReynolds said Monday.