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On March 31st, the U.S. Supreme Court issued a devastating ruling against a Colorado law protecting children from the dangerous practices of so-called "conversion therapy.” While this case is now sent back to a lower court, the consequences of this ruling could leave children across the country in harm’s way.
The facts are clear: so-called “conversion therapy” is junk science, opposed by every mainstream medical and mental health association in the country. These practices subject patients to behavior modification and aversive treatments, as well as highly discredited psychoanalytic theories such as the claim that being LGBTQ+ is caused by faulty parenting. Minors are especially vulnerable, and conversion therapy can lead them to depression, anxiety, drug use, homelessness and suicide. Despite these long-held truths, the court prioritized anti-LGBTQ+ bias (masquerading as free speech concerns) over the safety, health and well being of children. And its decision could extend beyond Colorado, and threaten legislation with similar restrictions in 23 other states and D.C., putting even more kids and their families at risk of being traumatized, robbed of their faith communities and torn apart.
The Supreme Court’s reckless decision means more American kids will suffer. 'Conversion therapy’ is pseudoscience, not real therapy. It is cruel and should never be offered under the guise of legitimate mental healthcare. To undermine protections that keep kids and families safe from these abusive practices is shocking — and our children deserve better.
“Our fight is far from over. We remain committed to protecting children against these abusive practices that tear apart families and will continue to work alongside our coalition partners to ensure that no kid has to be subjected to guilt, coercion and rejection as they seek help to better understand themselves and grow.”
In her dissent, Justice Ketanji Brown Jackson cited HRC Foundation’s amicus brief and laid out the stakes of this decision:
Ultimately, because the majority plays with fire in this case, I fear that the people of this country will get burned. Before now, licensed medical professionals had to adhere to standards when treating patients: They could neither do nor say whatever they want. Largely due to such State regulation, Americans have been privileged to enjoy a long and successful tradition of high-quality medical care. Today, the Court turns its back on that tradition.
Though the ruling dealt a blow to the fight against the abusive practices of “conversion therapy,” this decision did not make conversion therapy legal nationwide. Our fight does not end here, and there are still viable avenues to push back and protect LGBTQ+ youth. Malpractice lawsuits continue to serve as a meaningful way to discourage licensed mental health practitioners from providing dangerous “conversion therapy” services and hold them accountable for the harms they carry out. Licensing boards can update their policies and qualification requirements to dissuade the provision of these abusive practices. Local legislators can continue to pass legislation to shield children from “conversion therapy” under different legal protections. The Human Rights Campaign remains committed to working alongside our coalition partners to ensure that every child feels safe and supported for who they truly are.