(CN) - California cannot ban gay-conversion therapy until the U.S. Supreme Court says whether it will look at the law, the 9th Circuit ruled late Monday.
California's SB 1172, which the 9th Circuit upheld in August, prohibits state-licensed psychiatrists, psychologists and counselors from using sexual-orientation change therapy on patients younger than 18.
After the full court refused to hold an en banc rehearing of the case, the challengers requested a stay of the mandate so that they can petition the U.S. Supreme Court for a writ of certiorari.
The appellate panel in turn granted a 90-day stay late Monday.
"In the event that the petition for writ of certiorari is timely filed, the stay shall continue until final disposition by the Supreme Court," according to the brief order.
Counselors, psychiatrists and their patients filed two cases against Gov. Jerry Brown over the ban, which they challenge as a violation of their free speech rights.
While a federal judge in Sacramento found that the therapy did not qualify as protected speech in Pickup v. Brown, a different judge granted a preliminary injunction in Welch v. Brown.
Those cases were consolidated on the appeal that the 9th Circuit decided in August.
Equality California intervened on behalf of California.
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