|Sent on:||Thursday, April 18, 2013 6:34 PM|
Mathew Staver, Founder and Chairman
Yesterday, I presented oral argument against California’s contemptible “Change Therapy” Law (SB 1172) to three judges from the Ninth Circuit Court of Appeals in San Francisco.
SB 1172 is an unwarranted ban on any counseling for clients seeking to diminish or eliminate unwanted same-sex sexual attractions, behavior, or identity. The law introduces Big Brother as an unwanted guest inside the state’s counseling sessions.
Of the three sitting judges I addressed, one is a Reagan appointee, one a Clinton appointee, and one an Obama appointee. The court extended our case to thirty minutes per side, when the normal practice is 10 to 15 minutes per side.
I fielded a lot of questions by the judges and felt that we presented our case as thoroughly and accurately as was possible in thirty brief minutes (which, by the way, is why our extensive written brief that we submitted weeks ago is so crucially important).
The California State’s Attorney was also peppered with questions, many of which the state simply could not answer.
To me, these were critical moments in the hearing.
The state was asked to point in the record to where there's evidence of harm to individuals who seek change counsel. The state gave a generic answer, but Chief Judge Alex Kozinski, the Reagan appointee, continued to press and ask for specific evidence.
The state finally said that the 2009 American Psychological Association Task Force Report was such evidence. The judge said he had read that document and that it doesn't support the state's argument!
The judge then asked for specific citations for the Task Force Report’s conclusions, but the state was unable to provide that information for the judge. This was a very unnerving moment for the state, and it went on for some time.
When Equality California (like many aspects of the radical pro-homosexual movement, this group’s very name is designed to be misleading) got up to argue, their attorney was asked to give a distinction between speech that's counseling and speech that is actual psychological treatment.
The pro-homosexual attorney had opened up this line of questioning by admitting that certain speech in counseling was protected, but the treatment was not. But the attorney was completely unable to explain the distinction between the two.
Frankly, if one weighs the effectiveness of both sides’ arguments, it seems clear our adversaries failed to support their case. But given the Ninth Circuit’s notoriety for its liberal-leaning record and the intensity of the issue in California, it would be unwise to project victory based solely on what happened in court.
++I have no idea which way the ruling will go.
As I have often said, this hearing was a crucial legal showdown between radical pro-homosexual activists in California and harried citizens crying out for moral sanity.
I believe that my legal team and I prepared as well as possible and were fully engaged and very effective in this hearing.
Nonetheless, I imagine that the Obama appointee will vote against us. The question is whether the Reagan appointee or the Clinton appointee will join forces with that view. We'll just have to wait and see.
As an aside, I have never had a favorable vote before any Obama appointee. Barack Obama has nominated some of the most radical judges on the federal bench today and that will doubtless be one of the enduring legacies of his presidency.
++The implications of the court’s decision on SB 1172 will be immense.
This case will certainly be scrutinized and cited as homosexual activists in all fifty states strategize on how they can advance their agenda utilizing California’s legal strategy, or something similar.
We know from decades of experience that once a controversial law like this one has been supported by the courts, it will replicate itself in other states and, in some cases, in federal law.
That’s why the outcome of this battle is so crucially important.
++Pray that this outrageous law is STOPPED!
The battle to stop pro-homosexual legal activism is one of the most important fights in American history.
Unless this law is struck down by our lawsuit, the only viewpoint allowed in California will be that same-sex attractions are healthy and that any attempt to reduce or eliminate them will be prohibited by law!
++I have recorded a special audio update for you with additional information on this unprecedented case.
Click here to listen to my exclusive audio update which contains additional insights into the hearing. And please consider making a special gift to help in this and other litigation efforts as we fight to protect, life, family and liberty:
Cecelia, as I’m sure you know, this law was politically motivated to interfere with counselors and clients. The law is an unprecedented attempt to regulate what a counselor may say and what a client may hear. It arrogantly crosses the line to control free speech and grossly violates the Constitution!
Next to our forthcoming hearing against ObamaCare in the Fourth Circuit Court of Appeals on May 16, our case against California’s contemptible new “change therapy” law will be one of the most-watched cases of the year.
Please pray for the judges to receive wisdom in their ruling. Pray for the counselors and minor clients all over the State of California who will be impacted by this ruling!
We can only win cases with the prayer and financial support of friends like you. Please take a moment now and listen to my special audio update:
Thank you, as always, for your prayers and support. God bless you for standing with us!
Mathew Staver, Founder and Chairman
P.S. This is an unprecedented legal case and its ruling will be closely scrutinized nationwide. Please take a minute to listen to my audio update with additional information – and please consider helping us continue our vital work. Again, thank you!
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