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- Legal challenges to conversion therapy bans could weaken LGBTQ rights and mental health protections.
- Research confirms conversion therapy increases the risk of depression, PTSD, and suicidal ideation.
- The Supreme Court’s involvement may set a precedent impacting broader anti-discrimination laws.
- Advocacy groups continue to fight misinformation and push for legislative protections.
- If bans are overturned, states will need alternative legal strategies to safeguard LGBTQ youth.
What is Conversion Therapy?
Conversion therapy includes a variety of unscientific and widely discredited practices intended to change an individual’s sexual orientation or gender identity. These practices can manifest in several forms, including
- Talk therapy designed to discourage same-sex attraction or gender nonconformity.
- Religious counseling that frames LGBTQ identity as sinful and seeks to “pray away” non-heteronormative behaviors.
- Aversion techniques, such as inducing nausea or applying electric shocks when a person experiences same-sex attraction.
- Hypnosis and behavioral modification programs, often rooted in outdated psychological theories.
Scientific and medical communities universally oppose conversion therapy. The American Psychological Association (APA), the American Psychiatric Association, and the World Health Organization (WHO) have all condemned the practice for its harmful effects and lack of scientific validity. Studies indicate that conversion therapy can cause amplified anxiety, depression, substance abuse, and suicidal ideation. Despite these hazards, proponents—often conservative religious organizations—continue to advocate for its legality, citing personal choice and religious freedom.
Current Legal Challenges to Conversion Therapy Bans
Over the last decade, many U.S. states have passed laws prohibiting conversion therapy, especially for minors. These laws recognize that minors are often subjected to these harmful practices without informed consent, pressured by parents or religious leaders.
However, some individuals and organizations have started legal challenges against these bans, arguing that they infringe upon constitutional rights, particularly free speech and religious liberty. These legal arguments commonly assert that
- Freedom of Speech: Some therapists and religious counselors argue that conversion therapy laws unfairly limit their right to communicate certain beliefs about sexuality and gender.
- Religious Freedom: Churches and faith-based organizations claim that bans violate their First Amendment rights by restricting religious-based guidance.
- Parental Rights: Some parents insist that they should have the ultimate authority in deciding medical and psychological treatments for their children, including conversion therapy.
These lawsuits present a serious danger to LGBTQ protections, especially when considered by courts with conservative justices who prioritize religious freedom over anti-discrimination protections.
The Supreme Court’s Involvement: What’s at Risk?
The U.S. Supreme Court has played a crucial role in shaping LGBTQ rights, from 2003’s Lawrence v. Texas (which struck down anti-sodomy laws) to Obergefell v. Hodges in 2015 (which legalized same-sex marriage). However, the Court’s makeup has shifted in recent years, raising concerns about upcoming decisions.
If the Supreme Court strikes down state bans on conversion therapy, the ruling could
- Invalidate protections for LGBTQ minors, leaving them exposed to harmful interventions.
- Set a legal precedent that weakens anti-discrimination laws related to education, healthcare, and employment.
- Embolden religious and conservative groups to challenge other LGBTQ legal protections, such as trans healthcare access and gender identity protections in schools.
A decision against conversion therapy bans would not only impact mental health protections but could also solidify religious liberty as a justification for discriminatory practices, further eroding LGBTQ rights.
The Psychological Harm of Conversion Therapy
Multiple studies confirm that conversion therapy causes severe psychological distress, particularly for minors. According to the APA and the Substance Abuse and Mental Health Services Administration (SAMHSA)
- Increased Depression and Anxiety: Many survivors experience lifelong mental health challenges, including major depressive disorder and severe anxiety.
- Higher Suicide Rates: LGBTQ youth subjected to conversion therapy are more than twice as likely to attempt suicide compared to peers who receive affirming therapy.
- Post-Traumatic Stress Disorder (PTSD): Many individuals experience symptoms of PTSD due to the emotional abuse and coercion involved in the process.
- Social Isolation and Self-Hatred: The practice often results in fractured family relationships and internalized homophobia, leading to difficulty forming healthy relationships later in life.
Survivor accounts frequently describe conversion therapy as a deeply damaging experience, leading to years of trauma recovery. The overwhelming agreement in the scientific and medical community is clear: conversion therapy does not work and causes harmful, long-lasting psychological damage.
Who’s Grooming Who? Reframing Misinformation
A growing misinformation campaign by conservative groups attempts to frame conversion therapy bans as an attack on personal freedom. These arguments claim that
- LGBTQ individuals should have the “right” to seek conversion therapy if they desire to change.
- Banning conversion therapy discriminates against religious counseling.
- Therapy that helps individuals suppress same-sex attraction should be protected as free speech.
However, scientific research and survivor testimonies dismantle these claims. Conversion therapy victims often do not willingly seek treatment—it is commonly coerced by parents, community members, or religious leaders. And then, the therapy itself is not a medically legitimate treatment but rather an ideological effort to suppress LGBTQ identities.
This is why framing conversion therapy as “choice-based” is misleading. True mental health care provides affirming, evidence-based support—not coerced efforts to change an individual’s core identity.
Standing Tall: Advocacy and Resistance
Despite legal setbacks, LGBTQ organizations, mental health professionals, and civil rights advocates continue to fight against conversion therapy. Key advocacy efforts include
- Legislative pushes to strengthen state and federal protections against conversion therapy.
- Awareness campaigns, such as Born Perfect, which educate the public on the dangers of conversion therapy.
- Survivor-led initiatives, bringing firsthand testimony to policymakers and the public to expose the long-term psychological damage conversion therapy causes.
- Legal interventions by organizations like the American Civil Liberties Union (ACLU) and Lambda Legal to defend state bans in court.
Public outcry and ongoing activism are critical to ensuring that LGBTQ individuals, especially minors, are not subjected to these harmful practices.
The Role of Mental Health Professionals
Therapists and psychological professionals play a central role in combating conversion therapy by sticking to ethical guidelines set by leading health organizations. Ethical responsibilities include
- Refusing to engage in any practices that attempt to change a person’s sexual orientation or gender identity.
- Educating patients and families about the dangers of conversion therapy.
- Advocating for policies and legislation that protect LGBTQ individuals.
- Reporting unethical practitioners who continue to engage in discredited and harmful practices.
Mental health professionals must actively work against misinformation and provide affirming care based on scientific principles—not religious or ideological beliefs.
What Happens Next? Social and Legal Implications
If the Supreme Court overturns conversion therapy bans, states and LGBTQ advocates will need to consider alternative protections, such as
- Stronger medical board regulations that prohibit licensed therapists from engaging in conversion therapy, even without state bans.
- Enhanced consumer protection laws labeling conversion therapy as fraudulent or deceptive.
- Increased public education campaigns to inform parents and communities about the psychological risks associated with conversion therapy.
A Supreme Court decision against conversion therapy bans would signal a broader shift in LGBTQ rights battles, necessitating renewed advocacy efforts and legal strategies.
Upholding Ethical and Legal Protections
The push to weaken conversion therapy bans represents a serious threat to LGBTQ rights, public health, and medical ethics. The scientific evidence is clear: conversion therapy is ineffective and causes immense harm. As legal battles continue, it is vital for advocates, mental health professionals, and policymakers to stand firm in protecting LGBTQ individuals from coercion and psychological harm.
By supporting evidence-based mental health care, advocating for stronger laws, and challenging misinformation, society can work toward a future where all individuals are free to live authentically—without fear of coercion or discrimination.
Citations
- American Psychological Association. (2009). Report of the APA Task Force on Appropriate Therapeutic Responses to Sexual Orientation. Retrieved from https://www.apa.org/pi/lgbt/resources/therapeutic-response
- National Center for Lesbian Rights. (2021). Born Perfect: The Facts About Conversion Therapy. Retrieved from https://www.nclrights.org/our-work/bornperfect/
- Substance Abuse and Mental Health Services Administration (SAMHSA). (2015). Ending Conversion Therapy: Supporting and Affirming LGBTQ Youth. Retrieved from https://store.samhsa.gov/product/Ending-Conversion-Therapy-Supporting-and-Affirming-LGBTQ-Youth/SMA15-4928
