U.S. Appeals Court Likely Will Strike Down Tampa’s Ban On ‘Conversion Therapy’ For Minors

the Florida Phoenix

By Michael Moline

December 9, 2020

Having recently stricken down ordinances in Palm Beach County banning the use of “conversion therapy” to help minors change their sexual orientations or gender identities, a federal appeals court has signaled the same fate awaits a similar ordinance in Tampa.

A three-judge panel of the U.S. Court of Appeals for the 11th Circuit issued an order this week cancelling oral arguments scheduled for next Tuesday in the Tampa case.

U.S. District Judge William Jung struck down the Tampa ordinance in October 2019, ruling that it is the state’s responsibility, not the city of Tampa’s, to regulate health care.

“Regardless of whatever other issues this matter may raise, this case is ultimately governed by our recent decision in Otto v. City of Boca Raton,” Judges Robin Rosenbaum and Barbara Lagoa (of Florida) and Senior Judge Ed Carnes said in an order handed down on Tuesday.

They referred to the court’s 2-1 Nov. 20 ruling striking down conversion therapy ordinances in Boca Raton and Palm Beach County on First Amendment ground.

“Our prior-precedent rule requires us to follow the precedent of earlier panels unless and until the prior precedent is overruled or undermined to the point of abrogation by the Supreme Court or this court sitting en banc,” the order says.

The action drew praise from Mat Staver, founder and chairman of Liberty Counsel, a religious right legal organization that has been challenging similar ordinances around the country.

“Today’s order from the Court of Appeals reaffirms that this is the beginning of the end of these unconstitutional counseling bans,” Staver said in a written statement.

“The final demise of Tampa’s unconstitutional ban is near. Every jurisdiction where these counseling bans have been enacted must quickly repeal them to avoid being sued and having to pay damages,” he said.

The Human Rights Campaign has described conversion therapy as “a range of dangerous and discredited practices that falsely claim to change a person’s sexual orientation or gender identity or expression.”

It added: “Such practices have been rejected by every mainstream medical and mental health organization for decades, but due to continuing discrimination and societal bias against LGBTQ people, some practitioners continue to conduct conversion therapy. Minors are especially vulnerable, and conversion therapy can lead to depression, anxiety, drug use, homelessness, and suicide.”

According to the organization, the U.S. Supreme Court has let stand similar bans in California and New Jersey, but the new conservative majority on the high court might reach a different conclusion should these cases make it there.

This story was originally published by the Florida Phoenix. For more stories from the Florida Phoenix, visit FloridaPhoenix.com.