California state Sen. Scott Wiener, D-San Francisco, introduced a bill to allow survivors of conversion therapy to pursue malpractice claims against providers, according to a March 20 news release from his office.
The lawmaker and LGBTQ advocacy groups began developing the proposal after the Supreme Court agreed to hear Chiles v. Salazar, signaling potential legal challenges to existing state bans on conversation therapy, the San Francisco Chronicle reported April 7.
The bill aims to create a legal pathway for individuals to seek compensation for harm tied to the practice, which major medical associations have deemed ineffective and harmful. California in 2012 passed a law prohibiting certain providers from performing conversion therapy on minors.
Under the current law, patients can file malpractice claims within three years of injury or one year after discovering harm. Mr. Wiener’s bill would extend those timelines, allowing individuals treated as minors to file claims until age 40, among other provisions.
The legislation also clarifies that plaintiffs may use scientific consensus and medical standards to demonstrate harm in malpractice cases. It is backed by advocacy organizations including Equality California, Lambda Legal and the National Center for LGBTQ Rights.
The California Senate Judiciary Committee voted 7-1 to advance the bill.
On March 31, the U.S. Supreme Court ruled in an 8-1 decision that the Colorado law banning conversion therapy for minors may violate the First Amendment when applied to talk therapy, reversing a lower court decision and remanding the case.
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