A federal judge struck down a ban in Tampa, Florida, on conversion therapy Friday, arguing that the state, rather than local governments, is responsible for regulating the scientifically discredited practice
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Under the ordinance, Tampa therapists would have been fined $1,000 fine for a first offense of practicing conversion therapy and $5,000 for subsequent violations. Story continuesThe Liberty Counsel, a conservative Christian law firm based in Orlando, challenged the Tampa ordinance on behalf of Robert Vazzo, a marriage and family therapist who practices SOCE counseling, and New Hearts Outreach, a Christian ministry that refers people to SOCE therapists. Vazzo claims that his version of SOCE is harmless because it is a voluntary, non-aversive therapy delivered through conversations.
In February, a federal magistrate judge recommended that Tampa’s ordinance be partially blocked because it violates therapists’ First Amendment rights to free speech. Jung did not discuss this point in his opinion, instead hinging the ruling on jurisdiction issues. The case could now head to an appellate court.
“Of course, courts could adopt [Jung’s] reasoning and strike down local bans on preemption grounds,” Corbin said. “But they could also ignore this decision, especially because it is based on one court’s interpretation of Florida law and the Florida Constitution.”
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