In a letter sent to the city of Columbia on April 23, South Carolina Attorney General Alan Wilson demanded a repeal to their 2021 ordinance banning conversion therapy on LGBTQ+ youth.
In 2021, the Columbia City Council made licensed therapy and counseling that seeks to change the sexual orientation or gender identity of a minor a civil violation, which carries a fine of $500. City leaders who created the ban, referenced statements and evidence from professional psychiatric, social work and counseling organizations that concluded the controversial practice is harmful to the LGBTQ+ youth it targets.
Despite the reasoning justifying the policy, Wilson is pushing to see it repealed. In his public comments pertaining to the demand, Wilson claims the city ordinance conflicts with the state’s laws and constitutional rights. “Columbia lacks the authority to regulate professions that the General Assembly has determined requires statewide uniformity, such as psychologists, doctors, and family therapists,” Wilson wrote.
Wilson has also cited a state law that, according to the AG, Columbia is violating with the city ordinance: 2022’s Medical Ethics and Diversity Act.
The state law “prohibits local governments from interfering with a healthcare provider’s professional judgment, including in the realm of psychological counseling,” a news release from the AG’s office read. “It affirms the rights of patients and families to choose counseling that aligns with their values, including religious beliefs.”
SC Statehouse Republicans thinking in the same way as Wilson aren’t leaving things to chance. In the event Columbia doesn’t revoke the ordinance voluntarily, the state Senate adopted into its budget a measure that would penalize the city for upholding it. Sen. Josh Kimbrell (R-Spartanburg) introduced the measure, which would block state funding from going to Columbia, during a debate on the Senate’s version of the state budget on April 23, the same day as Wilson’s letter was sent out.
While the amendment would only apply to the city if they did not comply with Wilson’s order, Kimbrell said, “I would hope they do the right thing now. It is our duty to not fund something that is clearly violative.”
Columbia Mayor Daniel Rickenmann stated during a news conference after the state Senate session that the letter has been brought to the city’s legal team. Although Rickenmann is listed as a Republican and was among the city council members who voted against the ordinance in 2021, he questioned Wilson’s priorities.
“Is this what we ought to be spending our time on?” Rickenmann questioned. “I’ve got budgets to do. We’ve got infrastructure going on, we have development going on, we’re working on improving the city, and I think that’s where our time should be spent.”
“This is not really an issue or things that people are really interested in right now,” the mayor continued. “They’re worried about what’s happening in the future. They’re worried about if tariffs are going to stay in place, and how that’s going to affect our auto industry. That’s the kind of thing people are concerned about today, and that’s where we should be focused.”
Rickenmann also took a quick examination of the timing of the letter, given the chain of events compounding the stresses of LGBTQ+ communities around the United States, all coming directly from the White House. “Is it just political season?” the mayor asked.
Sen. Tameika Isaac-Devine (D-Richland), who initially pushed back on the demand in the state Senate before it was reworked and ultimately adopted, also commented on where the letter sat in current political discourse.
“This ordinance was never about politics,” Devine told the Post and Courier. “It was about protecting vulnerable children in our community from a harmful, discredited practice that has no place in a society that values mental health, dignity, and human rights.
“If he were genuinely concerned about the ordinance’s legality,” the congresswoman went on, “he had ample opportunity to address it when it was enacted in 2021. His current intervention, years later, suggests a strategic move to appeal to certain political bases rather than a sincere legal concern.”
Along with parts of the state Senate and Columbia’s government reacting to the demand, local LGBTQ+ organizations in South Carolina see the push as a threat to their communities.
“For (Wilson) to come and say that this is unconstitutional, it needs to be repealed, just proves one, that he doesn’t fully [understand] conversion therapy and how it harms people,” South Carolina Pride President Dylan Gunnels said in reaction to the AG’s demand.
“It proves two, that he’s not listening to people. He’s not listening to experts or data, and most notably, LGBTQ people. And the third part is, I would venture to say he probably doesn’t care that much, because this is about a show of power.”
Having undergone conversion therapy himself, Gunnels was a vocal proponent of the city’s 2021 ban. He was approached by council members Devine and Howard Duvall to help create the ordinance, he said. Gunnels is also a founder of the LGBTQ+ religious organization Agape Table, as well as a practicing pastor.“I think this is a show of somebody who is looking to run for governor and has to stay relevant to the people that he needs to stay relevant to,” he said.
Rickenmann indicated the city would need more time to respond to Wilson’s May 5 deadline. As of this writing, the city has not received any complaints regarding the ordinance and hasn’t handed out any fines related to it.