Well, the California statute applies only to sexual orientation change efforts 
for patients under the age of 18, and applies only to actual efforts to change 
sexual orientation, on the theory that there's pretty solid evidence that such 
efforts are likely to be unhelpful or even harmful.  See 
http://leginfo.legislature.ca.gov/faces/billNavClient.xhtml?bill_id=201120120SB1172
 .  (Whether there is enough such evidence is now being debated in court; one 
judge has temporarily enjoined the law, while another has upheld it.)

I'm not sure how that supports the constitutionality of a ban on simply asking 
questions -- questions that might well lead to perfectly reasonable advice, 
though they might also lead to unsound advice -- of adult patients.

Eugene

________________________________
From: [email protected] 
[[email protected]] On Behalf Of James Heath 
[[email protected]]
Sent: Sunday, January 20, 2013 10:42 PM
To: [email protected]
Subject: California doctor's boundaries

California prohibits doctors from treating homosexuality as a mental illness, 
even if the "treatment" consists of speech. There are accredited therapists in 
California who cannot address patients' homosexuality as they think 
appropriate, because the state deems it ideology and not medicine.

So the state saw a problem with doctors imposing ideological values in the name 
of medicine, and limited doctor's speech to prevent that.

The AMA was on the other side of the fence in that argument. But how is it 
different in First Am terms?





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