RICHMOND, Va. — Virginia officials have reached an agreement that allows counselors to continue using talk conversion therapy, despite a law enacted in 2020 that was intended to prohibit such practices for minors. The decision stems from a consent decree with the Founding Freedoms Law Center, a faith-based conservative organization that had legal grounds to challenge the law.
Last month, the Virginia Department of Health Professions, guided by the state attorney general’s office, signed the consent agreement, which permits counselors to engage in conversation-based therapies without fear of disciplinary action. This move has raised considerable debate around the implications for mental health practices in the state.
Shaun Kenney, spokesperson for the Virginia Attorney General’s Office, expressed support for the decree, stating that it addresses constitutional concerns regarding the previous law. He emphasized that the court’s action allows for voluntary discussions between counselors and clients, including those dealing with gender dysphoria. Kenney remarked that the earlier law had penalties that potentially hindered voluntary therapy discussions, advocating that the new terms respect both the free speech rights of counselors and the autonomy of patients.
The consent decree was signed by a Henrico Circuit Court judge and comes in response to a lawsuit filed last September by two professional counselors who argued that the law infringed on their religious freedoms. In their case, they contended that their ability to provide counseling was unjustly hampered by legislation viewed as restricting their professional practices.
Conversion therapy is widely condemned by medical professionals as it seeks to change an individual’s sexual orientation or gender identity and is considered a scientifically discredited practice. Over 23 states, along with the District of Columbia, have enacted bans against it, according to the Movement Advancement Project, an organization focused on LGBTQ+ rights.
The issue surrounding conversion therapy continues to evolve nationally. A significant ruling from the Wisconsin Supreme Court is anticipated regarding a legislative committee’s refusal to adopt a rule that would bar the practice for LGBTQ+ individuals. Furthermore, the U.S. Supreme Court is set to address a related case from Colorado that questions the rights of state and local governments to impose bans on conversion therapy for minors.
The Virginia consent decree is said to apply to all counselors in the state rather than just those who were involved in the lawsuit. The Founding Freedoms Law Center expressed gratitude towards the parties involved in the case, asserting that siding with the Constitution was a commendable action on the part of the attorney general’s office.
However, the decision has not been without criticism. Democratic Senate Majority Leader Scott Surovell, who was instrumental in the passage of the 2020 law, slammed the agreement. He remarked that the original statute was designed to protect lives, referencing extensive research and the consensus among professional psychiatric organizations that conversion therapy is not only ineffective but also harmful.
This development highlights ongoing tensions in the U.S. regarding mental health practices and the rights of LGBTQ+ individuals, as communities continue to grapple with issues of free speech, religious liberty, and the protection of vulnerable populations.
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