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File #: 22-1202    Version: 1 Name:
Type: Resolution Status: Agenda Ready
File created: 8/25/2022 In control: City Commission
On agenda: 9/6/2022 Final action:
Title: RESOLUTION NO. 138-22: A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, OPPOSING AND DISCOURAGING THE PRACTICE OF SEXUAL ORIENTATION CHANGE EFFORTS ON MINORS; PROVIDING AN EFFECTIVE DATE; AND FOR OTHER PURPOSES.
Sponsors: City Attorney Department
Attachments: 1. Agenda Cover Report, 2. Resolution 138-22
Date Ver.Action ByActionResultAction DetailsMeeting DetailsVideo
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TO:                                          Mayor and Commissioners

FROM:                     Lynn Gelin, City Attorney

DATE:                     September 6, 2022

 

Title

RESOLUTION NO. 138-22: A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, OPPOSING AND DISCOURAGING THE PRACTICE OF SEXUAL ORIENTATION CHANGE EFFORTS ON MINORS; PROVIDING AN EFFECTIVE DATE; AND FOR OTHER PURPOSES.

Body

Recommended Action:

Recommendation

Motion to approve Resolution 138-22.

 

Body

Background:

In 2017, the City of Delray Beach adopted Ordinance 18-17 banning the practice of conversion therapy, a form of therapy and/or counseling aimed at changing a person’s sexual orientation or gender identification, on minors. Ordinance 18-17 banned persons licensed by the state including medical practitioners, psychologists, and social workers from using conversion therapy on minors within the City limits.

Recently, the 11th Circuit Court of Appeals, in the case of Otto, et al v. City of Boca Raton and County of Palm Beach, Florida, held that Boca Raton’s prohibition on conversion therapy, strikingly similar to the City’s ordinance, was an unconstitutional restriction on speech in violation of the First Amendment to the United States Constitution.  As a result of this decision, the City has commenced the process to repeal its Ordinance.  This Resolution, while acknowledging the decision in Otto, expresses the City’s opposition to the practice of sexual orientation change efforts on minors and discourages same.

 

 

City Attorney Review:

Approved as to form and sufficiency.