Conversion therapy in the United States

From Wikipedia, the free encyclopedia

A majority of the United States population live in jurisdictions that have banned conversion therapy—a family of widely debunked and abusive medical, spiritual and psychological practices that falsely claim to be able to change a person's sexual orientation, gender identity, or gender expression[1][2][3][4]—on minors.[5]

Photo of a man signing a document
Murray in 2016
Photo of a man signing a document
Malloy in 2017
Mayor Ed Murray and Governor Dannel Malloy signing legislation, banning the practice of conversion therapy on minor clients in Seattle and Connecticut, respectively.

27 states, as well as the District of Columbia, Puerto Rico, and more than 100 municipalities have instituted bans on conversion therapy and its governmental funding, with penalties ranging from fines to imprisonment. The District of Columbia is the only U.S. jurisdiction whose ban also applies to adults. Three states ban the use of state and federal funds for conversion therapy on minors.

Surveys held in 2014 and 2020 found that a majority of Americans supported bans on conversion therapy for minors, and do not believe the practice was effective.[6][7] A 2023 report by The Trevor Project found that there are over 1,300 active conversion therapists still operating in 48 U.S. states, with over 600 of these practitioners holding active professional licenses.[8]

Conversion therapy bans involving talk therapy began to face legal challenges in the 2020s, under allegations that it constitutes protected speech under the First Amendment. In 2020, the Eleventh Circuit overturned conversion therapy bans in Florida, under the argument that upholding the bill could theoretically allow gender-affirming therapy to also be prohibited by jurisdictions in a similar fashion. In 2026, the Supreme Court ruled in Chiles v. Salazar that a ruling on Colorado's conversion therapy ban as applied to a plaintiff needed to be reviewed under strict scrutiny, as it considered regulation of talk therapy to be viewpoint discrimination.


Historical laws

Map of U.S. cities and counties that had bans on sexual orientation and gender identity change efforts before March 31, 2026.
  Ban on conversion therapy for minors on the basis of sexual orientation and gender identity (Washington, D.C. also bans such therapy for adults.)
  Ban on use of state or federal funds for conversion therapy for minors on the basis of sexual orientation and gender identity
  State law prohibits local governments from banning conversion therapy
  Federal court has ruled that banning conversion therapy is unconstitutional; Dark red spots indicate cities/counties that had pre-existing bans
  No ban on conversion therapy for minors
  Ban only applies to state and federal funding of conversion therapy on minors.
More information State, Date of enactment ...
Close

Territories

More information Territory, Date of enactment ...
Territories with bans on conversion therapy on the basis of sexual orientation and gender identity or expression
TerritoryDate of enactmentDate effectiveBan methodDetails
1.[118] District of Columbia December 22, 2014 March 11, 2015 Legislative statute On December 2, 2014, the Council of the District of Columbia voted unanimously (12 ayes) in favor of B20-0501. On December 22, 2014, Mayor Vincent C. Gray (D) signed the legislation into law. The act passed congressional review and took effect on March 11, 2015.

On January 16, 2019, Mayor Muriel Bowser (D) signed B22-0972, a bill approved unanimously by the City Council extending the ban to adults who are under the care of a conservator or guardian.[119] The law went into effect on March 13, 2019.[120][121]

2.[122] Puerto Rico March 27, 2019 March 27, 2019 Executive order On March 27, 2019, Governor Ricardo Rosselló (PNP) issued an executive order prohibiting conversion therapy of minors, taking effect immediately.[123] Territorial agencies were provided 90 days for promulgation of the new order.
Close

Counties, municipalities and communities

  Ban suspended under a decision by the 11th Circuit Court of Appeals.[124]
  Vote pending
More information County, municipality or community, Date of enactment ...
Close

School boards

More information School board, Date of enactment ...
School boards with prohibitions on conversion therapy on the basis of sexual orientation and gender identity or expression
School boardDate of enactmentDate effectiveLegalization methodDetails
1. Eau Claire Area School District Board of Education, Wisconsin September 24, 2018 September 24, 2018 Policy On September 24, 2018, the Eau Claire School Board voted unanimously (7 ayes) in favor of Board Policy 453.7 - Student Mental Health and Wellness Education, which included a clause stating "the Eau Claire Area School District shall exclusively enter into School-based health center agreements with health clinics and/or providers that agree to abide by the District's Nondiscrimination Policy for Students. The District shall not enter into agreements with health clinics and/or providers that endorse or engage in the practice of conversion therapy." The policy went into effect immediately.[398]
Close


Medical, psychological and psychiatric organizations

Despite the lack of federal legislation regarding bans on conversion therapy, such therapy has been banned by numerous therapy organizations operating in the U.S.[399][400] It has been banned by the American Psychiatric Association since 1998.[401][402] In 2009, conversion therapy was also rebuked by the American Psychological Association.[403] Others include the American Academy of Child and Adolescent Psychiatry, the American Academy of Pediatrics, the American Medical Association, the American College of Physicians, the American Academy of Physician Assistants, and many more.

Resolutions and proclamations

The New Jersey ban on conversion therapy was upheld by district judge Freda L. Wolfson; the case was brought upon by parents who alleged that it violated their rights under the First Amendment, Fourteenth Amendment, and to freedom of religion. Wolfson upheld the ban, ruling that the law regulated conduct and not speech.[420]

In August 2013, California's ban was upheld by the Ninth Circuit Court of Appeals in Pickup v. Brown and Welch v. Brown.[421] The Supreme Court declined to hear an appeal against the ruling.[421] In February 2015, the New Jersey Superior Court issued a pre-trial ruling in Ferguson v. JONAH, finding that offering conversion services on the basis of a description of homosexuality as "abnormal" or a mental illness violated the state's consumer fraud act. In June 2015, the Court ordered JONAH to pay damages and cease all operations, and prohibited its founder Arthur A. Goldberg from further practicing any form of conversion therapy in the state of New Jersey.[422][423][424]

In 2020, the Eleventh Circuit ruled that a ban on conversion therapy enforced by Palm Beach County and Boca Raton, Florida violated the First Amendment rights of therapists, as upholding the statute could also allow ordinances that prohibit gender-affirming mental health assistance, and "people have intense moral, religious, and spiritual views about these matters—on all sides. And that is exactly why the First Amendment does not allow communities to determine how their neighbors may be counseled about matters of sexual orientation or gender.[124]

In March 2023, the state of Indiana passed a bill prohibiting local governments from regulating services that are licensed or specifically exempt from licensure from the state, including behavioral therapy (and, in turn, conversion therapy). This bill was originally intended to effectively target conversion therapy (being tabled in retaliation for an attempt to institute a conversion therapy ban for unlicensed practitioners in West Lafayette, Indiana), but was extended in the legislative process to also include other categories of state-licensed services beyond behavioral health.[425][426]

In March 2026, the Supreme Court ruled in Chiles v. Salazar that portions of Colorado's conversion therapy ban in regards to talk therapy must be reviewed with strict scrutiny by lower courts, overturning a ruling against a Colorado therapist who was requesting an as-applied challenge over the ban. The majority opinion found that this portion of the ban constituted the regulation of speech based on viewpoints, and that "the First Amendment stands as a shield against any effort to enforce orthodoxy in thought or speech in this country".[427] Colorado subsequently passed an amendment to its conversion therapy ban as to not regulate a viewpoint, redefining conversion therapy as the direction of a patient to a "predetermined sexual orientation or gender identity outcome", or to "eliminate or reduce attractions toward individuals of a particular sex or gender".[428][429]

Former bans

On September 18, 2024, Kentucky Governor Andy Beshear (D) signed an executive order prohibiting the use of state funds for conversion therapy on minors, and barring medical professionals from practicing conversion therapy on minors,[430] but this ban was overturned by the state legislature, which overrode Beshear's veto to pass a bill that rescinds his executive order on March 27, 2025.[431]

On May 16, 2023, the Waterloo, Iowa City Council voted 6–1 to ban conversion therapy on minors by medical professionals.[432][433] On August 21, 2023, this ordinance was removed.[433]

In June 2025, Attorney General of Virginia Jason Miyares entered into a consent decree to not enforce the ban on talk conversion therapy.[97][434]

On June 15, 2021, the Columbia City Council passed an ordinance in a 4–3 vote which makes conversion therapy a civil violation for licensed counselors or therapists, punishable by a $500 fine.[435][436] The measure was repealed in a 4–3 vote on June 24, 2025, under threat of loss of funding from the state.[437]

See also

Notes

References

Related Articles

Wikiwand AI