An 8-1 ruling favoring free speech challenge to Colorado’s law could prompt new legal questions about Virginia’s 2020 prohibition.
By James Whitfield | The Commonwealth Wire
RICHMOND — A U.S. Supreme Court ruling that sided with free speech advocates challenging Colorado’s conversion therapy ban may have implications for Virginia’s similar law prohibiting licensed therapists from using the practice on minors.
The high court’s 8-1 decision last week sent a Colorado case back to state court for further review, ruling that lower courts had not properly considered whether the state’s ban on talk-based conversion therapy violated the First Amendment’s free speech protections.
Virginia enacted its own conversion therapy ban in 2020, making it illegal for licensed mental health professionals to engage in conversion therapy with patients under 18. The law, which took effect July 1, 2020, applies to licensed counselors, social workers, marriage and family therapists, and other mental health practitioners across the Commonwealth.
The Virginia law defines conversion therapy as any practice that seeks to change an individual’s sexual orientation or gender identity, including efforts to change behaviors or gender expressions or to eliminate or reduce sexual or romantic attractions toward individuals of the same sex.
Legal experts say the Supreme Court’s Colorado ruling could prompt new challenges to similar bans in Virginia and other states, though the decision does not immediately invalidate existing laws.
“The Supreme Court didn’t strike down conversion therapy bans outright,” said Dr. Maria Santos, a constitutional law professor at the University of Virginia. “But it did signal that courts need to take a closer look at the free speech implications.”
Virginia’s law includes exemptions for religious counselors and unlicensed practitioners, focusing specifically on state-licensed mental health professionals. Violations can result in disciplinary action by the relevant licensing board.
The 2020 legislation passed along largely party lines, with supporters arguing that conversion therapy has been rejected by major medical and mental health organizations as ineffective and potentially harmful. Opponents raised concerns about government restrictions on therapeutic conversations.
Delegate Mark Levine, D-Alexandria, who sponsored Virginia’s ban, said he believes the state’s law remains legally sound despite the Supreme Court ruling.
“Our legislation was carefully crafted to focus on professional conduct standards for licensed practitioners, not to broadly restrict speech,” Levine said in a statement to The Commonwealth Wire.
At least 20 states and the District of Columbia have enacted similar conversion therapy bans, according to the Movement Advancement Project, a research organization that tracks LGBTQ policy.
The Colorado case now returns to the U.S. Court of Appeals for the 10th Circuit, where judges will reconsider whether that state’s ban violates free speech protections. Legal observers expect the outcome could influence how courts evaluate similar laws nationwide.
Virginia’s ban remains in effect while legal questions surrounding conversion therapy prohibitions continue to develop in federal courts.
Key Facts
- Virginia banned conversion therapy for minors by licensed mental health professionals in 2020
- The Supreme Court’s 8-1 Colorado ruling requires courts to examine free speech implications more closely
- Virginia’s law includes exemptions for religious counselors and unlicensed practitioners
- At least 20 states have enacted similar conversion therapy bans for minors
