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Dear Virginia Board of Medicine,
The Virginia Catholic Conference is the public policy agency representing Virginia’s Catholic bishops and their two dioceses. The Conference urges the Board of Medicine to reject the vague and broadly worded Guidance Document (85-7) that seeks to prohibit “any practice or treatment 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 or feelings toward individuals of any gender.”
Such a regulatory ban would infringe:
Role of parents
When children have unwanted same-sex or mixed-sex attractions, they and their families should be free to seek medical counseling toward the resolutions they desire.
Parents, who are closest to their children’s challenges, know their needs and are in the best position to identify solutions. Just as parents must generally give consent for over-the-counter medications,[1] field trips, and extracurricular activities, they have a constitutional right to guide healthcare decisions for their children.[2]
85-7 would also violate Virginia law governing parental rights. Code Sec. 1-240.1 provides that a parent has the fundamental right to make decisions concerning the upbringing, education and care of the parent’s child.
The Board has no authority to override this fundamental right of parents and to adopt rules that would censor constitutionally protected counseling discussions between families and their child’s doctor.
First Amendment
The First Amendment prohibits the government from favoring one viewpoint over another.
[T]he government has no power to restrict expression because of its message, its ideas, its subject matter or its content…. [T]he requirement that the government be content neutral in its regulation of speech means that the government must be both viewpoint neutral and subject-matter neutral. The viewpoint-neutral requirement means that the government cannot regulate speech based on the ideology of the message.[3]
Because 85-7 seeks to prohibit the provision of licensed services to help clients achieve alignment between their subjective sense of gender and their objective biological sex while permitting services to assist clients towards a subjective sense of gender at odds with their objective biological sex, it is neither content nor viewpoint neutral. In addition, the guidance document would permit assisting clients in directing their attractions in one direction but not in the other direction.
Document 85-7, therefore, would authorize the state to engage in unconstitutional viewpoint discrimination and would set a double standard. It does not regulate the advocacy of dangerous treatments to accelerate “gender transition” among children, e.g., through irreversible surgery or the use of hormonal drugs.
Unlike the bans adopted by the boards of Psychology, Counseling and Social Work that implicated the counseling of children, this proposal would censor counseling (or therapy) with minors and adults if it does not affirm an individual’s “sexual orientation or gender identity in any direction.”
To date, no board of medicine in the U.S. has adopted a ban on such counseling with children, much less with adults. Moreover, the Board has not cited a single complaint to warrant this change.
If adopted, 85-7 it will invite a federal lawsuit like those filed in Florida, Maryland and New York. The First Amendment suits in Florida and Maryland challenged bans involving children and are currently before the U.S. Court of Appeals for the Fourth Circuit.
In October, a federal court struck down a municipal ban in Tampa Bay.[4] There, a therapist challenged an ordinance that barred therapy by medical professionals that “seeks to assist a minor patient in a goal to change gender expression or to change sexual orientation/attraction.” The Court cited numerous conflicts with controlling Florida law, including parental choice in healthcare.
In January, Christopher Doyle, a licensed professional counselor, filed suit to block Maryland’s 2018 law. After a federal court dismissed the challenge, he appealed citing the U.S. Supreme Court decision in NIFLA v. Becerra that rejected the notion that states can single out the speech of licensed professionals for lesser protection under the First Amendment.
In New York City, a Jewish psychotherapist asked a federal court in June to halt enforcement of a 2017 ordinance on the ground that it violated his freedom of speech and infringed his and his patients’ religious freedom.[5] It was the first and only ban in the nation to censor talk therapy involving willing adults (like 85-7). In response to the lawsuit, the council voted unanimously to repeal the ban.
Exceeding regulatory authority
For reasons such as those above, the General Assembly has rejected legislation to prohibit therapy to change a minor’s sexual orientation or gender identity. In 2016, the legislature rejected three such bills in committee: (SB 262 and SB 267, Senators Surovell and Dance; and HB 427, Delegate Hope).
Similarly, in 2018, the General Assembly rejected two bills (HB 363, Delegate Hope; SB 245 Senator Surovell). Analogous to 85-7, these bills were defeated in committee.
Administrative agencies can adopt rules and policies to carry out duties delegated by the legislature. Such regulations, however, should be consistent with statute.[6] The General Assembly has repeatedly rejected proposed bans. The Board does not have the authority to adopt 85-7 because doing so would circumvent the General Assembly’s decisions in this matter.
Accordingly, the Virginia Catholic Conference respectfully urges the Board of Medicine to reject 85-7.
Sincerely,
Jeffrey F. Caruso
Executive Director
Virginia Catholic Conference
[1] A written, signed medication authorization from the physician or permission form from the parent/legal guardian is required for all OTC medications. See: Medication Administration, School Nurses Guide: A Training Manual for Unlicensed Public School Employees (2019) (Word) See also: http://www.doe.virginia.gov/support/health_medical/virginia_school_health_guidelines/general_guidelines_admin-meds.pdf. Note: Policies for over-the-counter medications vary greatly from one school division to another. Refer to local school division policies for policies for over-the-counter medications.
[2] Parham v. J.R., 442 U.S. 584, 602-606 (1979): “Most children, even in adolescence, simply are not able to make sound judgments concerning many decisions, including their need for medical care or treatment. Parents can and must make those judgments...”
[3] Erwin Chemerinsky, Content Neutrality as a Central Problem of Freedom of Speech in the Supreme Court’s Application, Southern California Law Review, Vol. 74: 49, 51 (2000). Citing Police Dep’t. v. Moseley, 408 U.S. 92, 95 (1972).
[6] Mobil Oil Exploration & Producing Southeast v. United Distrib. Cos., 498 U.S. 211 (U.S. 1991)
First, you have to define "conversion therapy" so you know what exactly you are banning. If you mean ANY change-allowing therapy for gender-disturbed or same-sex-attracted clients, then that law has no right to interfere with an individual's personal lifestyle goals.
But if you are listening to Sam Brinton or any of the other activists who say they were "tortured" in therapy, note that he NEVER mentions who his therapist was-- and when asked, has said he "forgot." Visit SamBrintonHoax.com for more information.
Therapists nowadays don't use the aversive techniques the activists describe. If they did, the therapists would have been sued-- and openly named by their former clients. The therapy the activists say is happening, does not exist. So bans are unnecessary.
Parents are closest to their children’s challenges and in the best position to ensure their wellbeing.
Under Virginia law, parents have the fundamental right to make decisions regarding the upbringing, education and care of their children.
Some young people and adults may have attractions they desire to change or moderate. Others may simply desire medical counsel in choosing a particular therapy. In either instance, there should be options for families and individuals who want to make an informed decision.
The proposal would deny families the freedom to seek counseling aligned with their faith.
Licensed medical professionals with years of education and experience should not be removed from the process of helping children or adults work through their physical, mental and emotional struggles.
Parents have a right to decide what kind of therapy their children should receive, and not have their options limited, in this or any other type of medical treatment.
The proposed medical guidance should not be issued as it usurps the role of parents in determining how best to address complex issues that they may encounter in raising their children. Parents are the ones who are there day to day and who have the best interests of their children at heart. As such, parents should have every option available to educate themselves and decide on a course of action in helping their children navigate the challenges of growing into adulthood. It should not be the role of the state to tell parents what is best for their children or limit the options available in such a sensitive area, where the state knows nothing of the individual child, family or situation. In the end, the state won't care whether the person whose maturation it interfered with grows to be a happy, well-adjusted adult -- it will be the parents who care and the parents who will live with the consequences.
If our society is going to accept the notion that people can decide what their gender is, a notion many of us strenuously disagree with on biological and moral grounds, then we must allow parents the freedom to seek the compassionate medical treatment that they consider is best for their children.
It would be grossly unjust to try to use the law to facilitate gender transitions away from the biological and scientific realities while attempting to prevent treatment for those with gender dysphoria who wish to return their perceived gender to their biological sex.
Sincerely,
Gualberto Garcia Jones, Esq.
President of the Personhood Alliance
Parents are closest to their children’s challenges and in the best position to ensure their wellbeing.
Under Virginia law, parents have the fundamental right to make decisions regarding the upbringing, education and care of their children.
Some young people and adults may have attractions they desire to change or moderate. Others may simply desire medical counsel in choosing a particular therapy. In either instance, there should be options for families and individuals who want to make an informed decision.
The proposal would deny families the freedom to seek counseling aligned with their faith.
Licensed medical professionals with years of education and experience should not be removed from the process of helping children or adults work through their physical, mental and emotional struggles.
I oppose banning counseling of children (or adults) aimed at maintaining that child's (or adult's) gender or sexual orientation as heterosexual.
Whenever a government restricts or bans a fundamental right of parents, it weakens and perhaps even destroys the primary role of the family in society. Government is supposed to protect and defend the lives of its citizens. I am a mother and grandmother. I fully oppose any proposal to restrict or ban the rights of parents in the lives of their minor children. The constitutionally protected rights of citizens must always be foremost in the minds of those who are constitutionally elected to uphold these rights. Thank you. A. Edwards
Stop infringing on the rights of American parents who choose what's best for their children.
The parents should have the responsibility to decide what is best for their children. Keep the government out of it.
L. Pardee
What right do you have to take over parents' right to raise their children in God given natural law circumstances?
The constitutionally protected rights of citizens must always be foremost in the minds of those who are constitutionally elected to uphold these rights. Parents are closest to their children’s challenges and in the best position to ensure their wellbeing. Under Virginia law, parents have the fundamental right to make decisions regarding the upbringing, education and care of their children. Some young people and adults may have attractions they desire to change or moderate. Others may simply desire medical counsel in choosing a particular therapy. In either instance, there should be options for families and individuals who want to make an informed decision. The proposal would deny families the freedom to seek counseling aligned with their faith. Licensed medical professionals with years of education and experience should not be removed from the process of helping children or adults work through their physical, mental and emotional struggles. For these reasons, I respectfully urges the Board of Medicine to reject 85-7.
Parents are in the best position to ensure what is best for their children. This is not something the state government should not make these decisions!
Please protect the rights of families in Virginia, or you will not get my vote.
Parents are in the best position to help their children and ensure their wellbeing.
The traditional family unit is the healthiest and most productive natural environment for children. Virginia's law recognizes that parents have the fundamental right to make decisions regarding their children's upbringing, care, and education.
Do not play politics with parents' rights to guide their children and make decisions in their best interest.
Do not play politics with children's sexuality that will cause them long-term harm because you, a biased government official who will never deal with the consequences, believe you know what's best for them.
We are the parents; we live with them and love them and know what's best for them. You don't.
We the people who still believe and have religion have rights as well and one of those rights is protecting our children from immoral people who do not believe in sacrifices and selflessness.
Mary Rudy
This proposal would violate Virginia law governing parental rights. Code Sec. 1-240.1 provides that a parent has the fundamental right to make decisions concerning the upbringing, education and care of the parent’s child.
Please STOP eroding the rights of Parents and of therapists. Let knowledgeable people and loving parents decide what is right for a child. This is a slippery slope. You start banning conversion therapy and who knows what will be next.
Under Virginia law, parents have the fundamental right to make decisions regarding the upbringing, education and care of their children.
This proposed ban would infringe on parental rights and continue to push forward the current agenda of moving the government towards nanny state, dissolving the very fabric of society-the family.
Licensed medical professionals with years of education and experience should not be removed from the process of helping children or adults work through their physical, mental, and emotional struggles.
A similar ban was unanimously repealed by the New York City council following a federal lawsuit.
Parents and guardians know what is best for the physical and mental wellbeing of their children. Parents are primarily responsible for their children and no person or organization should infringe upon their individual rights to raise their children. Parents have the right to discern care and seek medical attention according to their children’s needs. They are closest to their children and should not be banned from decisions regarding their health.
Protect parental rights and religious freedom in the counseling of children
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Parents are closest to their children’s challenges and in the best position to ensure their wellbeing.
Under Virginia law, parents have the fundamental right to make decisions regarding the upbringing, education and care of their children.
Some young people and adults may have attractions they desire to change or moderate. Others may simply desire medical counsel in choosing a particular therapy. In either instance, there should be options for families and individuals who want to make an informed decision.
The proposal would deny families the freedom to seek counseling aligned with their faith.
Parents are the most aware of their children’s challenges and in the best position to ensure their well being. Moreover, under Virginia law, parents have the fundamental right to make decisions regarding the upbringing, education and care of their children.
There are young people as well as adults that may have attractions they desire to change or moderate, please don't exclude those people's rights. Others may simply desire medical counsel in choosing a particular therapy. In either instance, there should be options for families and individuals who want to make an informed decision.
Licensed medical professionals with years of education and experience should not be removed from the process of helping children or adults work through their physical, mental and emotional struggles. Trust them.
Thank you for seriously considering these comments.
Conversion therapy is not an evidence based practice and the majority of mental health professionals advocate against it's use. Experts say conversion therapy at best is harmful to mental health and blatant abuse at it's worst. Protect children from child abuse. A parent has no right to harm a child. A child is a person with rights to be protected, not property to be abused at an owner's whim.
Parents are closest to their children's challenges and in the best position to ensure their well being.
The proposal would deny families the freedom to seek counseling aligned with their faith.
I don’t think we know enough these therapies to start banning them. Let parents make their own decisions.
Conversion therapy has no basis in science and has extremely negative impacts on a child’s self esteem and self worth. Success rates are low, and suicide rates increase in children exposed to this horrific practice
A child is not owned by their parent, and parents do NOT have the right to decide the sexual orientation of their children.
Religious freedom does not mean the freedom to oppress LGBT+ children.
Seems like the phrase itself should be against the law to use. If “conversion therapy” is outlawed, what’s to prevent an institution or individual from calling it something else?... e.g., transformation, or I don’t know what else. Any kind of therapy should be outlawed where its purpose is to change a “patient’s” orientation.
Parents are closest to their children’s challenges and in the best position to ensure their wellbeing.
Under Virginia law, parents have the fundamental right to make decisions regarding the upbringing, education and care of their children.
Some young people and adults may have attractions they desire to change or moderate. Others may simply desire medical counsel in choosing a particular therapy. In either instance, there should be options for families and individuals who want to make an informed decision.
The proposal would deny families the freedom to seek counseling aligned with their faith.
Licensed medical professionals with years of education and experience should not be removed from the process of helping children or adults work through their physical, mental and emotional struggles.
Parents have the natural right, and legal rights under the Constitution and Virginia law, to exercise authority in the upbringing of their children. They need the freedom to seek counseling and assistance from professionals of their choice. And professionals have free speech rights. The state should not be limiting what they can say to their clients. This violates the privacy of that client/therapist relationship. These regulations are unlawful, harmful, and unreasonable.
When I was 14, I told my parents that I was a lesbian. They promptly enrolled me in "Christian Therapy" which was a polite euphemism for conversion therapy. My counselor was a very kind, loving, Christian woman. I genuinely believe that she had no ill intent and was doing the very best she thought she could for her patients. But she still caused me extreme emotional distress and psychological torment. I was angry and hated myself. I developed an eating disorder and had to be hospitalized because I just wanted to die. I was convinced that I was broken and wrong. If my own parents couldn't accept me for who I was, nobody else would either. My parents didn't own a gun. If they did, I would be dead now because only my intense fear of knives and needles kept me alive.
And then after I left home, I embraced my identity. I am now a happily married mother of 3 children. I no longer have an eating disorder or any suicidal ideation or depression. Trying to make children be someone they aren't is emotional and psychological abuse. Conversion therapy should be an option for consenting adults. It is not appropriate for children. Please act in the interest of children. Nobody is asking you to accept LGBT people. All I'm asking you to do is to recognize that CHILDREN are too young for any form of sexual therapy.
Parents have the natural right, and legal rights under the Constitution and Virginia law, to exercise authority in the upbringing of their children. They need the freedom to seek counseling and assistance from professionals of their choice. And professionals have free speech rights. The state should not be limiting what they can say to their clients. This violates the privacy of that client/therapist relationship. These regulations are unlawful, harmful, and unreasonable.
The government should not be in charge of raising children and deciding whether conversions therapy is right for a child. Neither should other people who are not the parents of the children. Protect the freedom of choice for our parents - let them choose how best to raise their children and how to protect them from the agenda of those who wish to force the LGBT lifestyle on them.
How ironic can the "medical community" be regarding the subject of changing one's "gender identity"? They want to ban anyone talking to them about their gender identity and help them understand and work through confusion, yet they are quite willing to inject them with life-altering hormones and body-altering surgeries at ages when no one suggests that they are mature enough to fully understand the consequences. Counselling should not only not be banned, in some cases it should be required.
Dear Virginia Board of Medicine,
The Human Rights Campaign (HRC), on behalf of its more than 151,000 members and supporters in Virginia, thanks you for the opportunity to affirm support for the Virginia Board of Medicine Guidance Document on the Practice of Conversion Therapy. This guidance is an important step in the effort to protect minors in Virginia from the dangerous and discredited practices that falsely claim to change their sexual orientation or gender identity.
The Human Rights Campaign is America's largest civil rights organization working to achieve lesbian, gay, bisexual, transgender and queer (LGBTQ) equality. By inspiring and engaging all Americans, HRC strives to end discrimination against LGBTQ people and realize a world that achieves fundamental fairness and equality for all. As an advocate for LGBTQ young people, HRC believes that no young person should be subjected to dangerous practices that lack legitimate medical purpose, such as conversion therapy.
Conversion therapy, sometimes referred to as “reparative therapy” or “sexual orientation change efforts,” are practices that seek to change a person’s sexual orientation or gender identity. These practices are based on the false idea that being LGBTQ is a mental illness that needs to be cured—an idea which has been rejected by every major medical and mental health group.
There is no credible evidence that conversion therapy can change a person’s sexual orientation or gender identity, and it is abundantly clear that conversion therapy poses devastating health risks for LGBTQ youth including depression, decreased self-esteem, substance abuse, homelessness, and even suicidal behavior. This is why the nation’s leading mental health organizations have ubiquitously decried these unscientific practices.
Unfortunately, due to discrimination against LGBTQ people and the fact that professional rules have not kept up with this widespread understanding, some licensed mental health professionals continue to engage in conversion therapy. A recent Williams Institute at UCLA School of Law report revealed that an estimated 20,000 LGBTQ minors in states without protections will be subjected to conversion therapy by a licensed healthcare professional if state officials fail to act. Additionally, a 2018 study from the Family Acceptance Project at San Francisco State University found that suicide attempts nearly tripled for LGBTQ youth who reported both home-based efforts and outside-the-home efforts to change their sexual orientation (compared to LGBTQ youth who did not experience such change efforts).
Providers who engage in conversion therapy under state license mislead families about the risks involved, leading to negative psychological outcomes, irreparable damage to family cohesiveness, and lasting personal and social harms. Regulatory action is needed to protect families from these damaging practices.
Thank you for the opportunity to comment in favor of this vital proposed guidance.
Sincerely,
Sarah Warbelow
Legal Director, Human Rights Campaign
Many parents will advocate that they know best what to do for their children. Unfortunately for them, most medically licensed therapists, psychiatrists, and doctors would disagree. Conversion therapy is not usually performed by individuals with any medical knowledge or certifications, but by individuals who are trying to irreparably harm them by forcing them out of their natural, biologically set gender identity or sexual orientation. This practice is child abuse and banning of the practice is supported by the American Medical Association, the American Psychiatric Association, and many other professional medical and mental health organizations. Parents should never have the right to harm their own children because they think they know better than their doctor.
Members of the LGBT community and those who feel they themselves fall within the spectrum of sexual orientation and gender identity minorities have a great supply of medical professionals ready to help them to seek the treatment they need. Doctors do not force individuals into being an LGBT individual, but rather assesses and helps them to affirm or deny their own identity as they see fit. Children without access to this care or who do experience conversion therapy are at a significantly higher risk for suicide and self harm. Please do not allow parents to abuse their children by subjecting them to this heinous, horrible, and abusive practice any longer. I have seen children who are embraced and loved in their identity and they go on to live happy and productive lives. As a parent of two small children, I sincerely hope this practice is banned because I believe in doctors and mental health experts over any untrained parent's beliefs any day.
In an era when progressives tout “choice” as the ultimate societal value, it is astonishing that anyone would attempt to limit the kinds of help / counseling sought by someone experiencing same sex attraction. Nor is it remotely appropriate for state agencies to attempt to circumvent and usurp the responsibilities of parents and guardians regarding their children in this matter. This ban smacks of totalitarianism and ought to be rejected out of hand. The government has no material interest in this.
The proposed ban is too broad and involves the government in matters better left to families.
The proposed ban is too broad and involves the government in matters better left to families.
Please oppose this ban.
Parents are closest to their children and care about them more than anyone else. Don't deny them counseling or treatment options from licensed medical professionals with yrs of experience. Every situation is different and a broad based approach to them - such as this ban - takes away freedoms and rights from people who should be able to decide for themselves without any consideration of their particular situation.
Thank You.
I have worked in healthcare for over 30 years and the "issues" this bill addresses are nonexistent in real medical care. PLEASE stop using perceptions as something tangible in politics. This bill needs to be turned down.
In the name of "freedom of choice" let these confused children get the help they need and want.
Do not let unelected state regulators ban “conversion therapy” through some vaguely worded “Guidance Document.” Such a regulatory ban would infringe on the fundamental right of parents to care for their children and would violate freedom of speech and free exercise of religion. Moreover, the Board has proposed banning such counseling not only for minors but also for adults – a policy adopted by New York City before its council unanimously repealed its ban following a federal lawsuit.
Parents are closest to their children’s challenges and in the best position to ensure their wellbeing.
Under Virginia law, parents have the fundamental right to make decisions regarding the upbringing, education and care of their children.
Some young people and adults may have attractions they desire to change or moderate. Others may simply desire medical counsel in choosing a particular therapy. In either instance, there should be options for families and individuals who want to make an informed decision.
The proposal would deny families the freedom to seek counseling aligned with their faith.
Licensed medical professionals with years of education and experience should not be removed from the process of helping children or adults work through their physical, mental and emotional struggles.
When children have unwanted same-sex or mixed-sex attractions, they and their families should be free to seek medical counseling toward the resolutions they desire.
Parents, who are closest to their children’s challenges, know their needs and are in the best position to identify solutions. Just as parents must generally give consent for over-the-counter medications,[1] field trips, and extracurricular activities, they have a constitutional right to guide healthcare decisions for their children.[2]
85-7 would also violate Virginia law governing parental rights. Code Sec. 1-240.1 provides that a parent has the fundamental right to make decisions concerning the upbringing, education and care of the parent’s child.
The Board has no authority to override this fundamental right of parents and to adopt rules that would censor constitutionally protected counseling discussions between families and their child’s doctor.