South Carolina Attorney General Alan Wilson has called for the City of Columbia to repeal City Ordinance 2021-021, arguing that it conflicts with state law and infringes on constitutional rights. Wilson's request was made in a letter to the Columbia City Council, urging the city to align with state statutes and the South Carolina Constitution.
The ordinance prohibits licensed counselors from providing "conversion therapy" to minors, a term Wilson claims has been mischaracterized and used to limit religious freedom and professional judgment in counseling.
"Our Office has reviewed the ordinance and determined it directly conflicts with state law, particularly the Medical Ethics and Diversity Act passed by the General Assembly in 2022," stated Wilson. "Municipalities do not have the authority to regulate professions that require statewide uniformity, such as counseling and psychological therapy. This ordinance crosses the line, violates the law, and must be repealed."
The 2022 Medical Ethics and Diversity Act restricts local governments from interfering with healthcare providers' professional judgment, affirming the rights of patients and families to select counseling aligned with their values, including religious beliefs.
Wilson cited legal precedents in support of his position, referencing federal rulings such as Otto v. City of Boca Raton and King v. Governor of New Jersey, which deemed similar bans on counseling practices unconstitutional under free speech and religious liberty protections.
"The ordinance prioritizes ideology over individuals, silencing faith-based counselors and denying families the freedom to choose the care that reflects their deeply held beliefs," Wilson emphasized. "We are committed to defending South Carolinians’ right to religious liberty and protecting counselors from unconstitutional mandates."
The Attorney General has requested a response from the City by May 5, 2025, and has indicated his openness to discussions with city officials to resolve the issue.