Virginia鈥檚 state law that 鈥 seeking to change a person鈥檚 sexual orientation or gender identity 鈥 on minors is no longer fully in effect.
A Henrico County judge entered an order that permanently prohibits the state from enforcing parts of the 2020 law that apply to talk therapy. Other means of conversion therapy, such as electric shock and nausea-inducing drugs, are still banned.
The Family Foundation, a conservative advocacy group, and its legal arm, the Richmond-based Founding Freedoms Law Center, announced the court order at a news conference on Tuesday.
Victoria Cobb, president of the Family Foundation, said the 2020 law 鈥渟ilenced licensed counselors from speaking the truth about gender and sexuality and effectively prevented teens from getting the help they and their parents were seeking to resolve unwanted feelings of same-sex attraction or gender confusion.鈥
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Senate Majority Leader Scott Surovell, D-Fairfax, who sponsored the Senate version of the 2020 bill, said it was enacted to save lives.
鈥淭here are numerous examples of conversion therapy leading to people killing themselves as opposed to curing them. The statute was (enacted) to protect public health,鈥 Surovell said in a call with reporters on Tuesday.
鈥淚t had nothing to do with religion or religious viewpoints. It was enacted because it was good clinical practice and there were licensed professionals that were continuing to hold themselves out as actual licensed therapists, engaging in practices that have been condemned by the professional organizations, and we needed to take legislative action to deal with that.鈥
A Henrico County judge and the Attorney General鈥檚 Office signed the order on June 4.
Shaun Kenney, a spokesman for the Attorney General鈥檚 Office, said in a statement: 鈥淭his court action fixes a constitutional problem with the existing law by allowing talk therapy between willing counselors and willing patients, including those struggling with gender dysphoria.
鈥淭alk therapy with voluntary participants was punishable before this judgment was entered. This result 鈥 which merely permits talk therapy within the standards of care while preserving the remainder of the law 鈥 respects the religious liberty and free speech rights of both counselors and patients.
鈥淲e are satisfied with the outcome and look forward to continuing to protect religious freedom and free speech.鈥
The , which the state legislature passed in 2020 and then-Gov. Ralph Northam signed, outlawed efforts by medical professionals to engage in the practice of conversion therapy but does not apply to pastoral counseling. Virginia became the first state in the South to ban the practice on minors. The bill passed both chambers of the General Assembly with some bipartisan support.
Miyares, a delegate from Virginia Beach at the time, was one of three members who did not vote on the Senate bill that ultimately . He voted against the House version of the bill, which .
The Founding Freedoms Law Center sued the state of Virginia last year to challenge the constitutionality of the law, arguing that it violates religious freedom under the state constitution. The group said Tuesday the court order is 鈥渁 major victory for free speech, religious freedom and parental rights.鈥
Plaintiffs in the lawsuit, John and Janet Raymond, own and operate a counseling center in Northern Virginia that embraces a Christian worldview. They said they lost significant business after the law went into effect. According to the lawsuit, the Raymonds believe that homosexuality and transgender identities are contrary to God鈥檚 will and can be overcome by the grace of God through the Gospel.
Equality Virginia, an organization that advocates for the LGBTQ+ community, condemned the decision.
Conversion therapy 鈥渋s not actually therapy鈥 and has been 鈥渄iscredited by many major medical associations鈥 said Narissa Rahaman of Equality Virginia.
鈥淐onversion therapy is not actually therapy. It has no scientific basis, (and) it鈥檚 been discredited by many major medical associations (that have warned) it鈥檚 dangerous and ineffective,鈥 said Narissa Rahaman, executive director of Equality Virginia.
鈥淐onversion therapists do prey on parents鈥 good intentions and will mislead them into placing their child into a dangerous environment where the therapist is pushing a harmful agenda on LGBTQ kids 鈥 who are already at greater risk for anxiety (and) depression. They鈥檙e going to place them at an increased risk to experience these harms.鈥
The American Psychiatric Association removed homosexuality from the Diagnostic and Statistical Manual list of psychopathologies in 1973 and the American Psychological Association followed suit in 1975.
Evidence does not support the efficacy of conversion therapy, and studies show the practice may cause significant psychological distress, according to the American Medical Association.
Lt. Gov. Winsome Earle-Sears, the Republican nominee for governor, said in a statement: 鈥淚 believe every child deserves protection, compassion, and care. As Governor, I will always work to ensure that Virginia law reflects both the importance of protecting kids and the need to respect the rights of parents to guide their children鈥檚 upbringing and care.鈥
Her Democrat opponent, former Rep. Abigail Spanberger, D-7th, did not respond to requests for comment.
