Attorney General Alan Wilson demands City of Columbia repeal unconstitutional faith-based counseling ban

(COLUMBIA, S.C.) – South Carolina Attorney General Alan Wilson has formally demanded that the City of Columbia repeal City Ordinance 2021-021, citing clear conflicts with state law and violations of constitutional rights. In a letter sent to the Columbia City Council today, Wilson urged immediate action to bring the city into compliance with state statutes and the South Carolina Constitution. 

The ordinance in question bans licensed counselors from offering any form of so-called “conversion therapy” to minors, a term Wilson notes has been mischaracterized and weaponized by activist groups to restrict 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,” said 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 This ordinance crosses the line, violates the law, and must be repealed.”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 explicitly prohibits local governments from interfering with a healthcare provider’s professional judgment, including in the realm of psychological counseling. It affirms the rights of patients and families to choose counseling that aligns with their values, including religious beliefs. 

Attorney General Wilson further emphasized the legal precedent supporting his Office’s position, citing federal rulings such as Otto v. City of Boca Raton and King v. Governor of New Jersey, which found 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 stated. “We are committed to defending South Carolinians’ right to religious liberty and protecting counselors from unconstitutional mandates.” 

The Attorney General has requested a formal response from the City by May 5, 2025, and expressed willingness to meet with city officials to resolve the matter. 

You can read the letter here.