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The city of Columbia, South Carolina failed to muster enough votes this week to rescind a controversial pro-trans ordinance which banned the use “conversion therapy” or “reparative therapy” within its borders.
Authored by former city councilwoman (and current state senator) Tameika Isaac Devine – and signed into law by former mayor Steve Benjamin – the ordinance (.pdf) contended the Palmetto State’s capital had “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.”
It also asserted minors residing within its city limits were free to “seek therapy or treatment to assist them in understanding their individual development of gender identity or their sexual orientation.”
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The problem? Aside from trampling on parental rights and being violative of the First Amendment, state law forbids municipalities from passing ordinances which seek to regulate health care.
Act No. 235 of 2022 made it abundantly clear “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.”
S.C. attorney general Alan Wilson – who has a history of successfully reining in overreaching municipalities in the Palmetto State – told Columbia leaders last month they had until May 2, 2025 to respond to his call to scrap the local law.
“The ordinance brazenly elevates ‘gender-affirming care’ about all other therapies, exposing a dangerous bias,” Wilson wrote in a letter to the city.
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RELATED | COLUMBIA’S PRO-TRANS ORDINANCE TARGETED
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Clearly, city leaders didn’t get the message…
State lawmakers have made it abundantly clear they mean business on this issue, approving a proviso in the current iteration of the $41.7 billion state budget which would remove roughly $3.7 million in state assistance from the city’s $444.9 million annual budget in the event it refuses to rescind the ban. However, governor Henry McMaster – a Columbia native – has not confirmed whether he would back lawmakers’ play, telling reporters earlier this week he was focused on more “important things.”
While Columbia city council declined to vote on the ordinance’s repeal earlier this week, sources close to city government confirmed to FITSNews that even with the threat of an un-winnable lawsuit looming – and the potential loss of millions of state dollars – there are not enough votes to strike the controversial measure.
That puts the increasingly left-leaning city – once again – on a collision course with the attorney general’s office and the S.C. General Assembly. In a fight it cannot win.
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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.
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6 comments
“Aside from trampling on parental rights”
This same outlet wants to remove the rights of parents to seek gender affirming care. Arguing it’s about “parental rights” is a complete farce. It’s all about what YOU think is morally right or acceptable. Nothing more.
This is another silly Alan Wilson publicity stunt. Please do not act like this is about healthcare because we all know it is not.
I jokingly referred to you getting paid to write this stuff, but that is actually true, isn’t it? As long as your blog has existed the rumor has been you will take money to write an article, regardless of accuracy. Its not a rumor is it?
Sort of like lawyers who do anything for a buck, amiright?
Is this any surprise? Columbia has a long history of violating state pre-emption regarding gun laws. Remember when Columbia tried regulating concealed carry in areas near the state capital building? State law (wrongfully) restricts carry on the grounds of the capital but Columbia wanted to flex its muscles and add sidewalks on blocks across the street from the capital. Columbia City Council never learns.
Columbia is an absolute cesspool of people, govt and corruption. Don’t cross the river….
This is really very simple. State law trumps county and municipal law. As it has for almost 250 years. End of story.