'Harmful therapy ban' bill would allow minors to pursue their own therapy goals

In March, Allegheny County Councilman Paul Klein proposed a so-called “conversion therapy” ordinance that would ban “any attempt” by a mental health care provider to assist an individual who seeks help managing their same-sex attractions or gender identity/expression. This blanket counseling ban would include efforts to “change behaviors” or to eliminate or reduce sexual or romantic attractions toward someone of the same sex, “regardless of whether such attempt is the primary goal of treatment.”

Simply put, the ordinance would prevent any effort to help a minor to reduce same-sex attraction or feelings of being the opposite sex, even if the minor wants the help. It would even prohibit helping them abstain from acting upon unwanted desires. Klein’s ordinance would strip minors, and their parents, of the ability to voluntarily choose what they want or need.

Another significant problem with Klein’s proposal is that it defines a “mental health care provider” as “any individual” who makes mental assessments or works to improve a minor’s mental, emotional or psychological well-being — whether or not that person is compensated. This broad definition is especially troubling because it would include clergy, mentors, community center workers and other non-professionals.

These counseling bans target patients’ goals and are likely unconstitutional. In 2018, the Supreme Court in NIFLA v. Becerra, through Justice Clarence Thomas, signaled that bans on “professional speech,” which includes therapy goals, violates the Free Speech Clause of the First Amendment. Since that decision, a ban on “conversion therapy” with minors by licensed professionals in Tampa, Fla., was struck down. New York City has also since repealed its ban for adults in the face of litigation after it appeared imminent that the court would impose an injunction against the city’s counseling ban. Legally, the trend is to move away from therapy bans, not expand them.

Pennsylvania Family Institute has spoken with expert health care professionals who do sexual behavior therapy. Those professionals reported that voluntary therapy can help patients achieve their goals of changing, lessening or refraining from acting on their unwanted attractions or having feelings of being the opposite sex. It is only the methods that are forced upon minors or are abusive that are harmful to minors — not all efforts to address same-sex attraction or feelings of being the opposite sex.

With this in mind, Councilwoman Sue Means has introduced a better ordinance, called Harmful Therapy Ban. Rather than banning goals, this proposed ordinance would ban only the harmful methods of therapy. First, it gives a minor the right to refuse a method of treatment when he or she does not want to participate. Second, it bans any form of treatment that is physically harmful to a minor.

Proponents of such bans have falsely tried to paint the picture that “conversion therapy” involves treatment such as electroshock therapy, striking someone or other physically painful methods. Based on conversations with therapists who do sexual behavior therapy, this does not occur. Even so, this new proposal would prevent abusive methods from occurring, but still gives minors and their parents access to beneficial treatments like talk therapy and play therapy to reach their self-determined goals.

This Harmful Therapy Ban strikes a balance that should alleviate the concerns of people on all sides of the issue. Minors will not be subjected to therapy methods that are physically harmful or with which they are not comfortable. However, those who do want this therapy will be able to get the professional help that they desire. Additionally, by banning harmful methods rather than the therapy goals themselves, this ordinance would not violate the First Amendment, meaning that this proposal is not only fair to all sides, but it is legal. Accordingly, this is a law that all sides should support.

Proposed Ordinance 11223-19 should be supported by everyone. We urge readers to voice their support to their councilmen and councilwomen.

Curtis Schube is legal counsel for the Pennsylvania Family Institute (pafamily.org).