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WELCH v. BROWN

No. 15-16598.

834 F.3d 1041 (2016)

Donald WELCH; Anthony Duk; Aaron Bitzer, Plaintiffs-Appellants, v. Edmund G. BROWN, Jr., Governor of the State of California, in his official capacity; Denise Brown, Case Manager, Director of Consumer Affairs, in her official capacity; Harry Douglas; Julia Johnson; Sarita Kohli; Renee Lonner; Karen Pines; Christina Wong, in their official capacities as members of the California Board of Behavioral Sciences; Sharon Levine; Michael Bishop; Reginald Low; Denise Pines; Silvia Diego; Dev Gnanadev; Janet Salomonson; Gerrie Schipske; David Serrano Sewell; Barbara Yaroslavsky; Anna M. Caballero; Christine Wietlisbach; Patricia Lock-Dawson; Samara Ashley, in their official capacities as members of The Medical Board of California, Defendants-Appellees.

United States Court of Appeals, Ninth Circuit.

Filed August 23, 2016.

Amended on Denial of Rehearing and Rehearing En Banc October 3, 2016.

Attorney(s) appearing for the Case

Kevin T. Snider (argued), Michael J. Peffer , and Matthew B. McReynolds , Pacific Justice Institute, Sacramento, California, for Plaintiffs-Appellants.

Alexandra Robert Gordon (argued), Deputy Attorney General; Tamar Pachter , Supervising Deputy Attorney General; Douglas J. Woods , Senior Assistant Attorney General; Kamala D. Harris , Attorney General; Office of the Attorney General, San Francisco, California; for Defendants-Appellees.

William D. Temko , Katherine M. Forster , and Thomas Paul Clancy , Munger, Tolles & Olson LLP, Los Angeles, California; Shannon P. Minter and Christopher F. Stoll , National Center for Lesbian Rights, San Francisco, California; for Amicus Curiae Equality California.

Before: Alex Kozinski, Susan P. Graber, and Morgan B. Christen, Circuit Judges.

OPINION

Once again, we consider facial constitutional challenges to California's law prohibiting state-licensed mental health providers from engaging in "sexual orientation change efforts" ("SOCE") with minor patients. The law is known as Senate Bill 1172, or SB 1172, and is codified in California's Business and...

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