A California lawmaker denied charges that his bill treating conversion therapy like consumer fraud is written so broadly that it could be interpreted to prohibit the sale of the Bible and other religious books in the state.
AB 2943 would make “advertising, offering to engage in, or engaging in sexual orientation change efforts” an “unlawful business practice” in California. Any commercial “practices that seek to change an individual’s sexual orientation,” including “efforts to change behaviors or gender expressions, or to eliminate or reduce sexual or romantic attractions or feelings toward individuals of the same sex,” would be made illegal under the legislation.
The bill also contains language protecting consumers from “the sale or lease of goods or services” that are the result of “unfair methods of competition and unfair or deceptive acts or practices.”
State Assemblyman Evan Low, the bill’s primary sponsor, rebutted claims that the Bible and other religious books meet the definition of “goods or services” that seek to change sexual behavior.
“A church or individual may still practice conversion therapy if they do so without charging for this fraudulent service,” Mr. Low, who is gay, wrote on Twitter. “It does not ban bibles nor does it ban the basic sales of books as some would have you believe.”
California Assemblyman Travis Allen, a Republican who is running for governor, said Mr. Low’s interpretation is at odds with the plain language of the legislation.
“Well, literally, according to how this law is written, yes, it would,” Mr. Allen said on One America News Network. “This is, you know, P.C. culture, politically correct culture, gone horribly awry. This is really directly hitting at our First Amendment rights as American citizens. Now the Democrat legislators in this building, right behind me, the California state Legislature, they want to tell you how to think, what sort of books that you can read, write and purchase.”
Writing at National Review, attorney David French called AB 2943 a “dramatic infringement on First Amendment rights.”
Matt Staver, founder and chairman of the Liberty Counsel, said the legislation would “punish people for their biblical beliefs about marriage, gender and human sexuality.”
“This law is stunning in its breadth,” Mr. Staver said in a statement. “The mask of those supporting this oppressive bill has been removed. Their goal is to crush Christianity and any viewpoint that does not align with the state. We stand ready to file suit to stop this assault on freedom if this bill is signed into law.”
And an analysis of the bill conducted by the Alliance Defending Freedom determined that AB 2943 “outlaws speech, whether offered by a licensed counselor, a best-selling author, or even a minister or religious leader.”
“It targets a specific message — that an adult who is experiencing unwanted same-sex attraction or gender identity confusion can find help to address those issues — for censorship,” the legal group found. “The breadth of this censorship is staggering.”
The California Assembly passed AB 2943 on April 19 by a 50 to 18 vote. It still needs to clear the Senate before heading to Gov. Jerry Brown’s desk for final approval.
Floor debate over the bill hardly reassured Christians concerned about the scope of AB 2943.
Moments before the bill was passed, California Assemblyman Al Muratsuchi argued the First Amendment “does not prohibit banning fraudulent conduct.”
“The faith community, like everyone else, needs to evolve with the times,” Mr. Muratsuchi said. “The science is clear.”
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