Equality Virginia, the commonwealth’s top LGBTQ organization, is urging its supporters to take some time to get in some last-minute comments on proposed professional regulations that would punish mental health practitioners, counselors, or social workers from attempting to change a person’s sexual orientation or gender identity.
The public comment forum for the Board of Medicine’s guidance document will remain open until 11:59 p.m. on Wednesday, Dec. 11.
In the past, LGBTQ advocates have introduced bills to ban licensed therapists from subjecting minors to conversion therapy, but all have consistently been killed in subcommittee in both the Republican-led House of Delegates and Senate. So activists began embracing another option: getting Virginia’s licensing boards, which can promulgate their own regulations, without having to seek approval from the General Assembly.
Earlier this year, the Virginia Board of Psychology and the Board of Counseling released guidance that declared subjecting patients to conversion therapy a form of “misconduct” that could carry repercussions for therapists or counselors who engage in it. Both boards also opened up online forums to receive public comments, which are taken into account when a new regulation is proposed.
Of course, with Democrats taking control of the General Assembly starting in January, there may still be an opportunity for a statute explicitly banning the practice on minors. But in the meantime, advocates have focused on ensuring that the regulations take effect — an approach favored by Sen. Siobhan Dunnavant (R-Henrico) instead of an outright ban.
“As a former member of the Board of Medicine, I know the process works to protect patients and hold clinicians accountable by restricting or revoking their license to practice,” Dunnavant said in a statement clarifying her stance on conversion therapy ahead of November’s elections, when she narrowly defeated Del. Debra Rodman (D-Henrico) in a fiercely fought contest. “Bottom line, I condemn [sexual orientation change efforts] and believe the clinicians on our boards are the appropriate experts to regulate clinical licenses.”
Equality Virginia notes that conversion therapy, despite being touted by some conservative groups, actually has very little scientific basis, as it operates from the assumption that being LGBTQ is a mental illness that needs to be cured. The organization has also taken the stance that mental health professionals should provide ethical and affirming care that meets patients’ needs and desired goals, not that aligns with a therapist’s personal moral or religious views.
Additionally, the therapy has been shown to increase feelings of depression, suicidal thoughts, and even suicide attempts among those subjected to it, largely because it capitalizes on a patient’s feelings of shame and societal rejection in an effort to encourage them to commit to the therapy, with the eventual goal being a change in orientation or behavior.
“If these bans pass, engaging in conversion therapy will be grounds for removing of a license to practice psychology, counseling, or social work,” Equality Virginia noted in an email. “By using these public comment forums, you are able to let the boards know that residents of the Commonwealth do not see conversion therapy as an acceptable practice and we expect Virginia to change its standard.”
To submit a comment on the proposed regulation to the Board of Medicine, visit townhall.virginia.gov.
Mental health providers licensed in Texas are barred from offering therapy that could be interpreted as assisting minors in transitioning, according to a legal opinion from Texas Attorney General Ken Paxton.
In the February 27 opinion, Paxton responded to an inquiry from Darrel Spinks, executive director of the Texas Behavioral Health Executive Council, about whether a 2023 law applies to licensed therapists and counselors.
The law, Senate Bill 14, bans health care providers from providing or facilitating treatments for minors -- including puberty blockers, hormones, or surgical interventions -- intended to help them medically transition. It also prohibits public funds, including Medicaid, from covering the cost of transition-related care.
The U.S. Supreme Court granted an emergency appeal from a conservative legal group, blocking enforcement of a California law that prohibits teachers and school staff from outing transgender or gender-nonconforming students to their parents.
Under the state's anti-"forced outing" law, teachers are barred from notifying parents without a student's permission when that student asks to change their pronouns or gender expression at school.
The plaintiffs include religious parents and educators, among them two sets of Catholic parents represented by the Thomas More Society, who claim the prohibition on parental notification misled parents and helped facilitate their children's social transition in defiance of their religious beliefs.
The U.S. Supreme Court has struck down Colorado’s ban on conversion therapy for minors, siding with a Christian "talk therapist" who argued the law violated her First Amendment rights.
The 8-1 ruling doesn't strike down, but effectively undermines conversion therapy bans in 22 other states and the District of Columbia by establishing a precedent in which therapists’ conversations with patients can be deemed a form of constitutionally protected speech.
The court found that Colorado’s law, though limited to licensed professionals, does not override free speech protections, and that the First Amendment protects therapists’ right to speak freely, even when their views conflict with government policy. Writing for the majority, Justice Neil Gorsuch said that "professional speech" is not a separate category and is entitled to protection.
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Equality Virginia, the commonwealth’s top LGBTQ organization, is urging its supporters to take some time to get in some last-minute comments on proposed professional regulations that would punish mental health practitioners, counselors, or social workers from attempting to change a person’s sexual orientation or gender identity.
The public comment forum for the Board of Medicine’s guidance document will remain open until 11:59 p.m. on Wednesday, Dec. 11.
In the past, LGBTQ advocates have introduced bills to ban licensed therapists from subjecting minors to conversion therapy, but all have consistently been killed in subcommittee in both the Republican-led House of Delegates and Senate. So activists began embracing another option: getting Virginia’s licensing boards, which can promulgate their own regulations, without having to seek approval from the General Assembly.
Earlier this year, the Virginia Board of Psychology and the Board of Counseling released guidance that declared subjecting patients to conversion therapy a form of “misconduct” that could carry repercussions for therapists or counselors who engage in it. Both boards also opened up online forums to receive public comments, which are taken into account when a new regulation is proposed.
Of course, with Democrats taking control of the General Assembly starting in January, there may still be an opportunity for a statute explicitly banning the practice on minors. But in the meantime, advocates have focused on ensuring that the regulations take effect — an approach favored by Sen. Siobhan Dunnavant (R-Henrico) instead of an outright ban.
“As a former member of the Board of Medicine, I know the process works to protect patients and hold clinicians accountable by restricting or revoking their license to practice,” Dunnavant said in a statement clarifying her stance on conversion therapy ahead of November’s elections, when she narrowly defeated Del. Debra Rodman (D-Henrico) in a fiercely fought contest. “Bottom line, I condemn [sexual orientation change efforts] and believe the clinicians on our boards are the appropriate experts to regulate clinical licenses.”
Equality Virginia notes that conversion therapy, despite being touted by some conservative groups, actually has very little scientific basis, as it operates from the assumption that being LGBTQ is a mental illness that needs to be cured. The organization has also taken the stance that mental health professionals should provide ethical and affirming care that meets patients’ needs and desired goals, not that aligns with a therapist’s personal moral or religious views.
Additionally, the therapy has been shown to increase feelings of depression, suicidal thoughts, and even suicide attempts among those subjected to it, largely because it capitalizes on a patient’s feelings of shame and societal rejection in an effort to encourage them to commit to the therapy, with the eventual goal being a change in orientation or behavior.
“If these bans pass, engaging in conversion therapy will be grounds for removing of a license to practice psychology, counseling, or social work,” Equality Virginia noted in an email. “By using these public comment forums, you are able to let the boards know that residents of the Commonwealth do not see conversion therapy as an acceptable practice and we expect Virginia to change its standard.”
To submit a comment on the proposed regulation to the Board of Medicine, visit townhall.virginia.gov.
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