Did you know that Pennsylvania was the 22nd state to ban the harmful practice of conversion therapy?
Many in the LGBTQIA+ community watched in shock, as the Chiles v. Salazar (Conversion Therapy Ban) decision came down on Transgender Day of Visibility, but a recent reminder on Facebook brings Pennsylvanians a bit of an encouraging reminder: “Did you know? Conversion therapy is still restricted in Pennsylvania. Five State Board policies affirm that it is harmful and unprofessional.”
First, it is important to know that the Supreme Court did not fully prohibit a ban on conversion therapy – although it was remanded to the Colorado court to rehear the case with stricter focus on first amendment issues. While we were surprised to see liberal justices voting with the majority, Justice Elena Kagan pointed out that if one side is prohibited from speaking on an issue, but not the other, it violates free speech. She said this applies equally to free speech used in “talk therapy” supporting conversion therapy, as it would to prohibiting a therapist from discussing gender affirming care with a client. This gives those therapists in states prohibiting therapists from discussing gender affirming care with minor clients, a precisely they can cite when their free speech is being effected. In essence, it is likely her concurrence may serve as a roadmap for LGBTQIA+ rights & litigation, telling us to look at the line between actions and speech, and who does have a right to determine what is harmful, unethical, or unprofessional behavior.
This does not address behavioral aspects of conversion therapy, nor would it prevent licensing boards from addressing conversion therapy as a practice, and regulating or prohibiting its use. In other words: there may be other legal paths for banning conversion therapy, that are not legislative, and don’t effect the free speech aspects.
This is precisely what happened in Pennsylvania on May 2, 2024. Governor Shapiro has been making a concerted effort to get the word out that conversion therapy is restricted in Pennsylvania. According to the governor’s press release, May 2,2024, 5 Boards that would have relevant oversight have all voted on the issue of conversion therapy, and have deemed it to be a harmful practice that is prohibited under their licensing regulations. These five boards are The Board of Nursing, The Board of Medicine, The Board of Psychology, & The Board of Social Work, Marriage, and Family Therapists & Professional Councilors, and The Board of Osteopathic Medicine.
In the recent Facebook post referenced above, The Governor’s Commission on LGBTQ Affairs posted a photo reminding people that conversion therapy is still restricted and deemed a harmful and unprofessional practice, and a quote from Governor Shapiro.
“There is no place for the harmful, dangerous practice of conversion therapy here in our Commonwealth.” – Gov. Josh Shapiro
The post adds that “Anyone can file a complaint against a licensed professional engaging in unprofessional or harmful conduct like conversion therapy via the Department of State website (https://www.pa.gov/agencies/dos/file-a-complaint).”
On the legislative front, Pa House Representative for District 49, Ismail (IzzY) Smith-Wade-El, has also been working on legislation to ban conversion therapy in Pennsylvania. This bill has not been presented yet, but can help legislate accountability and procedures for people practicing without licenses and those violating the standards of the licensing board. Hopefully, it will help protect many vulnerable youth from coercive and abusive tactics that have been proven to increase the rate of self-harm and suicidality among LGBTQIA+ youth.
Why is this legislation important? Because we may not always have an administration that is supportive and committed to treating everyone equitably and with respect. Codifying a conversion ban into law will help to maintain continuity even if the licensing bodies might change positions, or a new governor takes office.
This is the same reason Malcom Kenyatta’s recent bill to codify marriage equality by updating the law to recognize same-sex marriage, which just passed the PA House, was so important. Previously, Pa’s law still stated that “A same-sex marriage performed in another state, will not be recognized in Pennsylvania.”
This bill is making its way to the PA Senate. We are hopeful that it will receive the same type of bipartisan support that it received in the PA House. Recognizing that everyone should have the right to marry the person they love, and codifying it in the law will help LGBTQIA+ Pennsylvanians live with dignity, love, joy, and freedom, the same as everyone else who enjoys these rights, regardless of who they are and who they love.