DOYLE v. HOGAN

No. 19-2064.

1 F.4th 249 (2021)

Christopher DOYLE, LPC, LCPC, individually and on behalf of his clients, Plaintiff-Appellant, v. Lawrence J. HOGAN, Jr., Governor of the State of Maryland in his official capacity; Brian E. Frosh, Attorney General of the State of Maryland in his official capacity, Defendants-Appellees, Foundation for Moral Law, Amicus Supporting Appellant. American Association for Marriage and Family Therapy; American Medical Association; American Psychological Association; Maryland Psychological Association; Maryland State Medical Society; National Association of Social Workers; National Association of Social Workers Maryland Chapter; The Trevor Project; FreeState Justice, Inc.; GLBTQ Legal Advocates & Defenders; Human Rights Campaign; Lambda Legal Defense and Education Fund; National Center for Lesbian Rights; Survivors of Sexual Orientation Change Efforts, Amici Supporting Appellees.

United States Court of Appeals, Fourth Circuit.

Decided: June 15, 2021.


Attorney(s) appearing for the Case

ARGUED: Mathew D. Staver , LIBERTY COUNSEL, Orlando, Florida, for Appellant. Kathleen A. Ellis , OFFICE OF THE ATTORNEY GENERAL OF MARYLAND, Baltimore, Maryland, for Appellees. ON BRIEF: John R. Garza , GARZA LAW FIRM, P.A., Rockville, Maryland; Horatio G. Mihet , Roger K. Gannam , Daniel Schmid , LIBERTY COUNSEL, Orlando, Florida, for Appellant. Brian E. Frosh , Attorney General, Brett E. Felter , Assistant Attorney General, OFFICE OF THE ATTORNEY GENERAL OF MARYLAND, Baltimore, Maryland, for Appellees. John A. Eidsmoe , FOUNDATION FOR MORAL LAW, Montgomery, Alabama, for Amicus Foundation for Moral Law. Sanford Jay Rosen , Benjamin Bien-Kahn , ROSEN BIEN GALVAN & GRUNFELD, San Francisco, California, for Amici Survivors of Sexual Orientation Change Efforts. Shannon P. Minter , Christopher F. Stoll , NATIONAL CENTER FOR LESBIAN RIGHTS, San Francisco, California; Omar Gonzalez-Pagan , LAMBDA LEGAL DEFENSE AND EDUCATION FUND, INC., New York, New York; Charlotte Persephone Hoffman , FREESTATE JUSTICE, INC., Baltimore, Maryland, for Amici FreeState Justice, Inc., National Center for Lesbian Rights, Lambda Legal Defense and Education Fund, Inc., GLBTQ Legal Advocates & Defenders, and Human Rights Campaign. Nathalie F.P. Gilfoyle , Deanne M. Ottaviano , AMERICAN PSYCHOLOGICAL ASSOCIATION, Washington, D.C., for Amicus American Psychological Association. Devi M. Rao , Jessica Ring Amunson , Emily L. Chapuis , James T. Dawson , JENNER & BLOCK LLP, Washington, D.C., for Amici American Psychological Association, Maryland Psychological Association, American Medical Association, Maryland State Medical Society, National Association of Social Workers with National Association of Social Workers Maryland Chapter, and American Association for Marriage and Family Therapy. Anne B. Camper , NATIONAL ASSOCIATION OF SOCIAL WORKERS, Washington, D.C., for Amicus National Association of Social Workers. Corey G. Singer , Los Angeles, California, Howard S. Hogan , Stuart D. Delery , GIBSON, DUNN & CRUTCHER LLP, Washington, D.C., for Amicus The Trevor Project.

Reversed by published opinion. Judge Richardson wrote the opinion, in which Judge Niemeyer and Judge Motz joined.


Christopher Doyle, a professional counselor in Maryland, seeks to provide talk therapy to reduce his minor clients' same-sex attractions. But Maryland law allegedly proscribes this practice. See Md. Code Ann., Health Occ. § 1-212.1. Doyle claims that in doing so, Maryland has infringed his First Amendment rights...

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