Minors and ‘Conversion Therapy’: The Legal Battleground Over Treatment Bans

The debate surrounding “conversion therapy,” particularly when applied to minors, has become a heated legal battleground. This pseudoscientific practice, which aims to change an individual’s sexual orientation or gender identity, has been widely condemned by major medical and mental health organizations for its ineffectiveness and potential for harm. A recent study led by Stanford Medicine researchers found that structured attempts to change an LGBTQIA+ person’s sexual orientation or gender identity are linked to greater symptoms of depression, post-traumatic stress disorder, and suicidality. This blog post will delve into the legal landscape of conversion therapy bans, examining the arguments for and against these bans, the states that have enacted them, and the potential implications for personal injury law.

What is Conversion Therapy?

Conversion therapy, also referred to as “reparative therapy” or “ex-gay therapy,” encompasses a range of dangerous and discredited practices aimed at altering a person’s sexual orientation, gender identity, or gender expression. These practices can include:

Psychological interventions: Counseling, talk therapy, and cognitive behavioral techniques.
Behavioral techniques: Aversive conditioning, such as electric shocks or inducing vomiting.
Religious practices: Exorcism, prayer, and faith-based counseling.
Other methods: Hypnosis, shaming, and isolation.

It is important to note that all major medical and mental health organizations, including the American Psychiatric Association, the American Psychological Association, and the American Academy of Pediatrics, oppose conversion therapy due to its lack of scientific support and potential for causing significant harm.

The Harmful Effects of Conversion Therapy

Research has consistently demonstrated the harmful effects of conversion therapy, particularly on LGBTQ youth. These effects can include:

Increased risk of mental health disorders: Depression, anxiety, post-traumatic stress disorder, and substance abuse.
Suicidal ideation and attempts: Studies have shown that LGBTQ individuals who have undergone conversion therapy are more than twice as likely to report having attempted suicide.
Family rejection and social isolation: Conversion therapy can create divisions between young people and their families, leading to rejection and isolation.
Decreased self-esteem and self-worth: The practice reinforces the harmful message that being LGBTQ is wrong or abnormal.

The Legal Landscape: State Bans and Challenges

As of October 2025, 27 states, along with the District of Columbia and Puerto Rico, have enacted laws banning conversion therapy for minors. These states include California, Colorado, Connecticut, Delaware, Hawaii, Illinois, Maine, Maryland, Massachusetts, Michigan, Nevada, New Hampshire, New Jersey, New Mexico, New York, Oregon, Rhode Island, Vermont, Virginia, and Washington.

These laws typically prohibit licensed mental health professionals from engaging in practices that attempt to change a minor’s sexual orientation or gender identity. However, the scope of these bans can vary. Some states only ban conversion therapy performed by licensed professionals, while others also restrict the use of state or federal funds for such practices.

Despite the growing number of state bans, legal challenges have been filed, primarily based on First Amendment grounds. These challenges argue that conversion therapy bans violate the rights to free speech and religious freedom.

The Supreme Court and the First Amendment

The Supreme Court is scheduled to hear a case, Chiles v. Salazar, challenging a Colorado law that restricts conversion therapy. The central question is whether a therapist who uses talk therapy to try to convince minors to change their sexual orientation or gender identity is protected by the First Amendment right to free speech.

Arguments against the bans assert that they infringe on the therapist’s right to express their views and provide counseling based on their religious beliefs. They also argue that parents have a right to choose the best course of treatment for their children, including conversion therapy.

Conversely, proponents of the bans argue that they regulate medical conduct, which is not protected by the First Amendment, especially when the conduct is harmful and ineffective. They emphasize the state’s interest in protecting minors from the documented harms of conversion therapy.

The Supreme Court’s decision in Chiles v. Salazar could have significant implications for the future of conversion therapy bans across the country. If the Court rules that the bans violate free speech rights, it could invalidate existing bans and hinder efforts to enact new ones. Conversely, a ruling upholding the bans would likely embolden states to continue enacting and enforcing these protections for LGBTQ youth.

Implications for Personal Injury Law

The legal battle over conversion therapy bans also has implications for personal injury law. Individuals who have suffered harm as a result of conversion therapy may have grounds to pursue legal action against the practitioners involved.

Potential legal claims could include:

Negligence: A claim that the practitioner failed to provide competent and reasonable care, resulting in harm to the individual.
Fraud: A claim that the practitioner misrepresented the effectiveness of conversion therapy or made false promises of changing the individual’s sexual orientation or gender identity.
Intentional infliction of emotional distress: A claim that the practitioner’s conduct was extreme and outrageous, causing severe emotional distress to the individual.
Consumer fraud: A claim that the practitioner violated consumer protection laws by engaging in deceptive or unfair business practices.

Successful personal injury claims could provide victims of conversion therapy with compensation for their emotional distress, mental health treatment, medical expenses, and other damages.

Advice

If you or someone you know has been harmed by conversion therapy, it is crucial to seek legal counsel from an attorney experienced in personal injury and LGBTQ rights. An attorney can assess the specific circumstances of the case, advise on potential legal options, and help navigate the complex legal landscape surrounding conversion therapy bans.

The Path Forward

The legal battleground over conversion therapy bans reflects a broader societal debate about LGBTQ rights, religious freedom, and the role of government in protecting vulnerable populations. As the Supreme Court prepares to weigh in on the issue, it is essential to stay informed about the legal developments and advocate for policies that protect LGBTQ youth from the harmful effects of conversion therapy.