SCOTUS Urged to Take Counseling Case

Mar 21, 2019

Liberty Counsel filed a petition today urging the U.S. Supreme Court to review Pickup v. Newsom, a case that upheld a ban by the Ninth Circuit Court of Appeals which prohibits licensed counselors from providing talk therapy to minors seeking to reduce or eliminate their unwanted same-sex attractions, behaviors, or identity.

Last year in National Institute of Family and Life Advocates (NIFLA) v. Becerra, the Supreme Court gutted the Pickup v. Newsom (then Pickup v. Brown) case and a similar case from the Third Circuit, King v. Christie. As Liberty Counsel argued to the Court of Appeals, the High Court ruled that it had never created a “professional speech” category. With the Supreme Court's rejection of King and Pickup, the therapy bans in California, New Jersey, and other jurisdictions are subject to constitutional challenge. 

Liberty Counsel asked the Ninth Circuit Court of Appeals to recall its mandate and reconsider its ruling in light of NIFLA. The court denied the request and now Liberty Counsel is requesting that the Supreme Court review that denial.

“The fundamental rights of counselors and clients to exercise their right to speak in private counseling sessions must be protected,” said Mat Staver.

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