City Of Columbia’s Pro-Trans Ordinance Targeted By S.C. Attorney General

Getting your Trinity Audio player ready...

A controversial pro-trans ordinance passed by South Carolina’s capital city in 2021 is being targeted for repeal by the Palmetto State’s top prosecutor, who insists it runs afoul of state law – and likely the First Amendment, too.

The ordinance was spearheaded by former city councilwoman (and current state senator) Tameika Isaac Devine – and signed into law by former mayor Steve Benjamin on June 15, 2021.

Per the text of the ordinance (.pdf), the city of Columbia has “a compelling interest in protecting the physical and psychological well-being of minors, including but not limited to lesbian, gay, bisexual, transgender and/or questioning youth, from exposure to the serious harms and risks caused by conversion therapy or reparative therapy by licensed providers.”

Hold up… does the city of Columbia not have a “compelling interest” in keeping minors from mutilating their genitals? Or taking drugs to irrevocably alter their hormones without parental consent?

Apparently not. In fact, the ordinance specifically stated minors residing within the city limits should be free to “seek therapy or treatment to assist them in understanding their individual development of gender identity or their sexual orientation.”

Anyone caught engaging in the city’s definition of “conversion therapy or reparative therapy” is guilty of a “civil infraction” and subject to a fine of $500, per the ordinance – which is still on the books.

***

In early 2022, the office of S.C. attorney general Alan Wilson issued an opinion on the ordinance based on a request from state senator Josh Kimbrell. According to that opinion (.pdf), “courts have reached varying conclusions regarding whether an ordinance [or statute] banning conversion therapy violates the First Amendment” and that “it is difficult to predict how a court would rule with respect to the constitutionality of the Columbia ordinance.”

Having said that, Wilson’s office noted “we cannot imagine how the ordinance could be applied without regulating the content of the speech between therapist and client.”

Additionally, Wilson’s office believed courts at the state level would see the city as being guilty of “an attempt to regulate a statewide area of concern rather than a local matter.”

“While we appreciate and respect the efforts of the city of Columbia in protecting equal dignity for all persons, the city cannot adopt an ordinance that likely violates the state and federal Constitutions,” S.C. solicitor general Bob Cook wrote. “The right to free speech and free expression and thought cannot be undermined or violated, even for a salutary purpose.”

Since the ordinance’s passage – and the issuance of Wilson’s opinion – the S.C. General Assembly passed Act No. 235 of 2022, the “Medical Ethics and Diversity Act.” This legislation held that “a county, municipality, or other political subdivision may not adopt or enforce an ordinance, resolution, rule, or policy that restricts, limits, controls, directs, or otherwise interferes with the type and scope of health care services provided by a medical practitioner or the professional conduct and judgment of a medical practitioner when providing health care services.”

***

***

This week, Wilson wrote a letter to city officials urging them to repeal the ordinance – arguing several points of law.

First, Wilson reiterated the constitutional dubiousness of the ordinance, noting “similar laws have been found unconstitutional and violative of individuals’ religious liberties or free speech rights.” He also noted the ordinance “has since been preempted by the South Carolina Medical Ethics and Diversity Act, which precludes municipal interference with medical practitioners’ professional conduct and judgment in providing healthcare services, including psychological therapy and counseling.”

Wilson’s letter gave city leaders until Friday, May 2, 2025 to respond to his office – although he did invite them “to meet with my office” for the purpose of discussing “a meaningful resolution.”

In addition to engaging on the constitutional and legal fronts, Wilson’s letter pulled no punches in its criticism of the city’s ordinance.

“The ordinance brazenly elevates ‘gender-affirming care’ about all other therapies, exposing a dangerous bias,” he wrote. “It’s a bitter irony that far-left advocates push untested, irreversible procedures on children too young to comprehend their profound consequences.”

***

RELATED | 2026 GOVERNOR’S POLL RELEASED

***

“Rather than allowing counselors to probe root causes or offer faith-based guidance, the Ordinance requires counselors to come into compliance with ‘gender affirming care,’ which is rooted in questionable pseudo-science and could lead to irreversible medical procedures,” Wilson continued. “Religious counseling centers across Columbia are thus mandated to either to violate deeply held beliefs or to obey its mandate by not helping our youth as they see fit.”

It is unclear how the city – led by progressive panderer Daniel Rickenmann – will respond to Wilson’s demand, but given the clear and unambiguous language of the 2022 state law, it would be a massive waste of tax dollars to try and defend it in court.

Wilson, incidentally, is no stranger to challenging the city of Columbia regarding its extra-legal “law-making.” Five years ago, he sued the city after its leaders refused to scrap a blatantly unconstitutional anti-Second Amendment ordinance. Wilson won that battle when state courts upheld his challenge and struck down the city ordinance as violative of state law.

One of the top GOP contenders for the South Carolina governor’s mansion, Wilson has adeptly pressed hot-button issues at the federal, state and local level during his tenure as attorney general – burnishing his conservative bona fides ahead of the upcoming 2026 election. Count on FITSNews to keep its audience in the loop as to how his latest battle with the city plays out.

***

THE LETTER…

(S.C. Attorney General)

***

ABOUT THE AUTHOR…

Will Folks is the founding editor of the news outlet you are currently reading. Prior to founding FITSNews, he served as press secretary to the governor of South Carolina. He lives in the Midlands region of the state with his wife and eight children.

***

WANNA SOUND OFF?

Got something you’d like to say in response to one of our articles? Or an issue you’d like to address proactively? We have an open microphone policy! Submit your letter to the editor (or guest column) via email HERE. Got a tip for a story? CLICK HERE. Got a technical question or a glitch to report? CLICK HERE.