Bans on “Conversion Therapy”

Posted on February 27, 2025
Can Christian therapists legally counsel children away from homosexuality or transgenderism?

Sexual orientation change efforts, sometimes called "conversion therapy" or "reparative therapy," refers to practices, including counseling, designed to help redirect an individual's homosexual or bisexual dispositions toward healthy heterosexual desires. The practices may also include efforts to change behaviors or restore appropriate gender expressions.

But by using extreme examples as justification, many states have outlawed psychologists, counselors, and therapists from engaging in these efforts toward minors.

Current state “conversion therapy” bans apply to licensed providers such as physicians, psychologists, and marriage and family therapists. Though not criminal, the bans subject the providers to disciplinary action by the state licensing board, meaning they can lose their license to practice their profession.

These laws generally do not apply to pastors providing counseling, though some states say they could if the pastor is acting outside his capacity as a religious advisor.

The laws do not apply to parents counseling their own child. Yet the bans mean that if parents wanted help with these issues from a licensed provider, they would not be able to find anyone willing.

Because these bans restrict what providers can say to their patients, they raise significant First Amendment concerns. The 11th Circuit Court has held that these bans restrict free speech and has prohibited their enforcement. The 9th and 10th Circuits have ruled the other direction, finding them permissible. These bans are currently being litigated nationwide.

Note that our research only applies to bans at the state level. This means that there may be a more restrictive ban in your local county or city. Nearly every state contains local jurisdictions that have banned these therapies to some degree. If your state does not have a ban, but you want to know whether there is a ban in your local area, you will need to check your city and county laws.

To see how your state treats this issue, review our Law & Policy Vault.
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