Still Standing, Yet at a Standstill. Federal Court Lauds Attorney’s Efforts to Call to Account the Kentucky State Supreme Court and Bar Administrative Committee But Decides Federal Relief is Precluded as Either Speculative or Barred by Sovereign Immunity

Doe v. Supreme Court of Kentucky, et al., No. 3:19-cv-236 (JRW).  Memorandum and Order granting dismissal entered August 28, 2020.

Doe sought admission to practice law in Kentucky after having done so successfully in Florida for nine years.  During that time, Doe was diagnosed with a mental health condition.  She agreed to practice with a monitor and complied with clinical recommendations.

Kentucky made multiple inquiries about Doe’s condition, demanding all medical records, convening hearings, requiring over-reaching contractual obligations but finally, after nearly two years, relenting in its insistence on conflating a mental condition with a deficit of character. Doe was admitted to practice.

Doe promptly commenced suit against the state court and bar authorities for violations of the Americans with Disabilities Act, defamation, and for other wrongs she asserted were inflicted upon her in the course of her pursuit of a license to practice law.

The federal court hearing her case praised her diligence in pursuing her licensure as doing so conferred a benefit not just to her but to the profession and society in general.  Where it is known that attorneys suffer a disproportionately higher incidence of stress, depression, addiction and suicide than others in society, hounding and threats of disqualification by the state and the bar serve only to invite harm, the court observed, as those fearing loss or denial of licensure or the oppression of the state will not seek help, and where help is not sought, some will lose not only their cases but their lives

Nonetheless, the court determined that it could not grant Doe relief.  Prospective relief could not be awarded as it would be speculative.  Other relief requested by Doe, even though she had standing, could not be awarded in federal court because immunity principles forbade doing so.  

Doe v. Supreme Court of Ky. (W.D. Ky. 2020)

Federal Court in Maryland Upholds Law Precluding Licensed Professionals from Practicing “Conversion” Therapy on Minors

Doyle, et al.  v. Hogan, et al., No. 19-cv-00190 (D. Md.) Motion to Dismiss Granted September 20, 2019.


A Maryland statute governing the provision of mental health services precludes provision of “conversion” therapy to minors.  Violation of the statute carries the risk of professional censure. 

“Conversion” therapy is the name applied to interventions intended to reorient an individual’s sexual identity, presumably from same sex or other preferences to heterosexual interest.  “Conversion” therapy has received substantial disapprobation from professional groups, and some professionals advocate that even if there were evidence to support the efficacy of conversion therapy, it should not be offered to minors.

Plaintiff Doyle asserted in federal court that the preclusion of delivery of conversion therapy to minors unconstitutionally impaired his speech rights and his religious liberty. 

The court disagreed, finding that while the conversion therapy involved speech, the administration of therapy was in fact conduct outside the realm of constitutional concern.  

Moreover, the court observed, the therapist’s freedom to speak of or about conversion therapy remains untouched by the statute.  A mental health services provider may provide information about or express an opinion about conversion therapy without fear. 

Central to the court’s determination was the inability of minors to provide informed consent for treatment. As the state interest in the health and well being of minors is at least substantial, if not compelling, imposing limitations on professional conduct to which the minor is legally unable to consent is not unreasonable.  In that minor children are not capable of autonomously exercising informed consent and in that others may exercise consent on their behalf, the state is not wrong in protecting minors from treatment to which they could not accede as a matter of law.

The court concluded that as therapist’s speech interests are not within the statute’s purview, neither were free exercise rights abridged, as the prohibition on “conversion” therapy for minors is a law of general applicability which does not substantially interfere with any belief or practice of religion.

The statute applies only to those who are licensed practitioners within Maryland.

Doyle v. Hogan (D. MD.) September 20, 2019