Preliminary injunction in case challenging California’s ban on gay ‘conversion therapy’ appealed to Ninth Circuit
December 10, 2012
By Scottie Thomaston
In dueling decisions, courts differed on whether California’s law banning so-called gay ‘conversion therapy’ could remain in place while challenges to the law proceed in court. In Pickup v. Brown, the district court judge denied the preliminary injunction sought in the case, suggesting that the challengers to the law were unlikely to prevail on the merits. This would mean that at least in the Pickup case, the law was held to remain in force pending the outcome of a final decision on the constitutionality of the act (which is being challenged on First Amendment and other grounds.)
The case has been appealed to the Ninth Circuit Court of Appeals and put on an expedited schedule given the nature of the case. The scheduling order reads:
The briefing schedule shall proceed as follows: the opening brief and excerpts of record are due not later than January 2, 2013; the answering briefs are due January 30, 2013 or 28 days after service of the opening brief, whichever is earlier; and the optional reply brief is due within 14 days after service of the answering briefs. See 9th Cir. R. 3-3(b). All parties on a side are encouraged to join in a single brief to the greatest extent practicable.
The docket number is #12-17681.
h/t Kathleen for this info