Hate group reveals plan to overturn conversion therapy bans nationwide

The Christian anti-LGBTQ+ legal advocacy group Alliance Defending Freedom (ADF) — defined as a hate group by the Southern Poverty Law Center — is hoping the U.S. Supreme Court will overturn state bans on so-called conversion therapy for minors. Though the court hasn’t agreed to take on the case just yet, it provide insight into how ADF plans on challenging more conversion therapy bans in the future.

The ADF is providing legal counsel to licensed marriage and family counselor Brian Tingley in Tingley v. Ferguson, a legal challenge to Washington state’s ban. Tingley says the ban violates his rights to free speech and free exercise of religion, The New Republic reported.

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Tingley’s petition to the court says that his speech as a therapist should be considered as “speech” and not professional “conduct.” He said he “lives in continuous fear of government persecution” because the ban “forbids him from speaking, treating his professional license as a license for government censorship.” Tingley says he should be able to offer conversion therapy — even though it has been widely disavowed as a form of psychological torture by numerous American mental health organizations — because some kids are actively seeking to change their sexual orientation.

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His case may actually be aided by the 2018 Supreme Court decision National Institute of Family and Life Advocates v. Becerra which said that the government couldn’t “compel” or “regulate” anti-abortion crisis pregnancy centers in California to inform pregnant people about state-funded reproductive health services.

However, Georgia State University law professor Anthony Michael Kreis told the aforementioned publication that the cases are different. Bans on conversion therapy aren’t trying to force Tingley and other therapists to say things they don’t want to say, Kreis argues. Rather, he reasons, state bans are trying to prevent medical conduct from resulting in “tangible harms.”

A 2013 survey showed that 84% of former patients who tried ex-gay therapy said it inflicted lasting shame and emotional harm. Additionally, March 2022 peer-reviewed study from The Trevor Project showed that 13% of LGBTQ+ youth nationwide had reported being subjected to conversion therapy. Of those, 83% were subjected to it before reaching the age of 18. The study showed that young people who underwent conversion therapy were more than twice as likely to attempt suicide afterward. Numerous conversion therapy advocates have later come out as still gay and apologized for the harm that conversion therapy causes.

Furthermore, Kreis notes that the bans provide specific exemptions for “purely religious” speech and also that the government already heavily regulates the professional fields of therapy and healthcare. Thus, the bans are just an extension of that.

Katherine Franke, a law professor at Columbia University, said the ADF will use similar free speech arguments to try and overturn regulations involving professional conduct.

“We have all sorts of regulations for licensed mental health professionals, and the patients rely on this kind of safety that those licensing requirements impose,” she told The New Republic. “Opening the door in this kind of case… opens the door to quite a few other situations where a person may have an objection to what is a public norm or an expert judgment about the safety of other people. It shouldn’t be your private decision that you’re not going to agree with that and therefore [will] not follow that law, when that is a condition of your licensure.”

Franke said the ADF’s goal is to use religious freedom as a pretense to overrule “any reasonable government regulation that is enacted in the public’s interest.” The ADF repeatedly drafts legislation and files lawsuits to challenge any expanse of LGBTQ+ civil rights. Recently, ADF successfully argued in front of the Supreme Court that Colorado’s anti-discrimination law silenced a Christian website designer’s free speech, even though no one had actually asked the designer to create a website that went against her Christian beliefs.

The methods of so-called conversion therapists include encouraging queer people not to masturbate, redirecting their sexual energy into exercise, “covert aversion” (a fancy name for imagining possible negative consequences of being queer), Bible study, directing same-sex sexual desire onto opposite-sex partners, inflicting pain and humiliation anytime LGBTQ+ feelings arise, and forcing people to act out stereotypical gender roles in behavior and personal appearance.

Twenty-nine U.S. states have either passed full or partial bans on conversion therapy for minors. In three of those states — Alabama, Georgia, and Florida — court injunctions have stopped the bans from going into effect while legal challenges to the bans proceed in court.

If you or someone you know is struggling or in crisis, help is available. Call or text 988 or chat at 988lifeline.org. The Trans Lifeline (1-877-565-8860) is staffed by trans people and will not contact law enforcement. The Trevor Project provides a safe, judgement-free place to talk for youth via chat, text (678-678), or phone (1-866-488-7386). Help is available at all three resources in English and Spanish.