Doyle v. Hogan

Brief Filed: 12/19
Court: U.S. Court of Appeals for the 4th Circuit 
Year of Decision: 2021

Read full-text amicus brief (PDF, 183KB)opens in new window

Involves a legal challenge to Maryland’s ban on conversion therapy for minors.

Sexual Orientation/Sexual Orientation Change Efforts (SOCE)

The State of Maryland recently adopted a regulation to prohibit mental health professionals from engaging in sexual orientation change efforts, in part by referencing the 2009 APA Council Resolution on Appropriate Affirmative Responses to Sexual Orientation Distress and Change Efforts. Christopher Doyle, a therapist and advocate of conversion therapy filed a federal lawsuit challenging the new law. The district court upheld the state statute rejecting Doyle’s claim that the statute imposes an unconstitutional restriction on his freedom of speech.

APA's brief confirms the findings of the 2009 Task Force Report (PDF, 1MB)opens in new window and the 2009 Council Resolution that sexual orientation change efforts have not been shown to be effective or safe. In addition, the brief 1) defends the integrity of the selection process from members of the Task Force who produced the Report; 2) explains the methodology used in the research review that was undertaken; 3) explains the difference between evaluating evidence of effectiveness of treatment and assessing the risk of harm; and 4) advises the court of appeals of the results of a review of relevant research that has been published since the 2009 Task Force Report, noting its consistency with the conclusions of the Task Force.

On June 15, 2021, the 4th Circuit reversed the district court’s decision, ruling that the Plaintiff sued the wrong defendants. Maryland’s Governor and Attorney General have no control over the potential enforcement actions that could be brought against him.