The Family Foundation opposes this proposal as an unconstitutional limitation on free speech and religious exercise. Such a ban would also interfere impermissibly with the right of a patient to direct the purpose and goals of their therapy/counseling. These so-called “conversion therapy” bans have been struck down as unconstitutional by courts across the country as violating the free speech clause of the First Amendment. They represent classic “viewpoint discrimination”. The U.S. Supreme Court in the 2018 case of NIFLA v. Becerra made clear that so-called “professional speech” is no less protected by the First Amendment, even citing to a 9th Circuit Court case involving a ban on “conversion therapy.” Such a regulation would not be legally defensible, and the Board of Medicine should therefore reject at least that portion of the petition. 

But the Board should also reject such a ban on “conversion therapy” (certainly as is has been defined in VA Code section 54.1-2409.5) based on principle. The reality is that people can and DO change their mind, behavior, and desires relative to their sexuality all the time. This is not in dispute. To hear from hundreds of individuals for whom this is true, we encourage you to go to https://changedmovement.com/. Moreover, in order for anyone to become a Christian, they must first acknowledge their sin before a holy God, repent/turn from their sin (including homosexuality and “transgenderism”), and ask Jesus Christ to forgive them of their sin and make them into a “new creation”, being transformed in their heart, mind, and spirit. Prohibiting someone from promoting or receiving change in the ways proposed here would necessarily and directly attack the Christian “gospel” - a hostility towards religion that the law does not permit the government to maintain. For these reasons, we respectfully ask you to reject this petition.