Conversion therapy for gay minors: illegal or just impossible?

by Luca Lauro - 2013.05.07

As of 1 January, the state of California has banned the controversial therapy of 'converting' gay minors to heterosexuality. California is the only US state to ban this practice, which is little known in Europe but rather widespread in the US. The surprising part of the story is that now the law itself, rather than the therapy it bans, is being brought before the courts.



A Federal Court of Appeal is currently considering the legality of the rules from two points of view. On one hand it is considering whether the ban infringes the rights of parents who support conversion therapy for religious reasons. On the other it looks at whether the law restricts freedom of speech for therapists. Lawyers are arguing that the ban on conversion therapy would violate the First Amendment, which establishes the right to freedom of speech, freedom of the press and freedom to practice religion.



The judges will have to establish whether, even though conversion therapy is speech-based, the First Amendment must be applied to medical practices. They must first and foremost take into account the accepted opinion of the international science community, according to which there is no evidence that sexual orientation can be changed, meaning that the only consequences of conversion therapy are the creation of an environment in which prejudice and discrimination can thrive. The different arguments and conjectures before the court will have to bear in mind that the case refers specifically to minors.



Other states, such as New Jersey and Massachusetts, which are exploring the possibility of passing similar laws, are keeping a close eye on the case and its outcome.



In fact, a case involving conversion therapy has already come before the courts in New Jersey. Several months ago, four citizens launched a civil action for fraud against Jonah, an acronym for Jews Offering New Alternatives for Healing, a self-declared non-profit organisation dedicated to helping people unable to come to terms with their sexuality and families. Having turned to the organisation for support and having spent thousands of dollars for therapy, the four adults were told that it was their own fault if they continued to feel attracted to their own sex.