California Senate Bill 934 Proposes Retroactive Liability for Counseling Practices

California Senate Bill 934 is currently under legislative consideration, aiming to extend the statute of limitations for civil claims related to conversion therapy. The proposed legislation would allow individuals to file lawsuits for counseling conduct dating back to January 1, 2009, effectively reviving claims that had previously expired under existing state law.

Supporters of the bill characterize the measure as a necessary step to provide survivors of conversion therapy with additional time to seek legal recourse. Conversely, critics argue that the bill represents an unprecedented exercise of legislative power by imposing retroactive civil liability for actions that were not subject to such litigation at the time they occurred. Opponents express concern that this precedent could undermine legal certainty, potentially enabling future legislatures to revive expired claims across various sectors, including religious liberty and public policy.

The debate occurs against the backdrop of ongoing constitutional discussions regarding mental health counseling. While California currently prohibits licensed professionals from performing sexual orientation change efforts on minors, the scope of these restrictions remains a subject of legal scrutiny following recent judicial developments concerning First Amendment protections for talk therapy.