Christopher Doyle, LPC v. Hogan, No. 19-2064 (4th Cir. 2021)
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The Fourth Circuit concluded that Maryland's Governor and Attorney General have no control over the potential enforcement actions that could be brought against plaintiff. In this case, plaintiff, a professional counselor seeking to provide talk therapy to reduce his minor clients' same-sex attractions, filed suit against the Governor and the Attorney General of Maryland, alleging that Maryland has infringed his First Amendment rights by preventing him from engaging in the type of counseling he wants to do.
Plaintiff argues that he can sue the Governor and the Attorney General under Ex parte Young, 209 U.S. 123 (1908), which provides an exception to their immunity from being sued in federal court. However, the court explained that neither the Governor nor the Attorney General have the necessary connection to enforcing Md. Code Ann., Health Occ. 1-212.1 that permits plaintiff's suit against them. Therefore, because of plaintiff's choice of defendants, the court may not consider the First Amendment issues he raises. While plaintiff requests leave to amend his complaint, the court left that question to the district court. Accordingly, the court reversed the district court's decision as to the Governor and Attorney General's immunity from suit in federal court and vacated the remainder of its rulings.
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