What the Supreme Court's ruling on conversion therapy means for Minnesota's ban
A Supreme Court decision Tuesday striking down Colorado's ban on conversion therapy for minors could, according to Gender Justice advocates, undermine some protections in place for young people in Minnesota, where lawmakers passed a bill prohibiting the practice in 2023.
Conversion therapy, an attempt to change a person's sexual orientation, gender identity or gender expression, is proven to be ineffective and is connected to depression and suicide attempts, according to a review of scientific evidence published by the Minnesota Department of Health in 2022. The American Psychological Association says the practice is not evidence based.
Minnesota was the 21st state to prohibit a mental health professional from engaging in conversion therapy for young and vulnerable people. The bill also states that medical assistance will not cover the practice and prohibits deceptive advertising practices related to conversion therapy.
It passed during a DFL trifecta in the state legislature but had bipartisan support, passing 81-46 in the House and 36-27 in the Senate.
The Supreme Court's 8-1 ruling siding with a Colorado counselor who claimed the state's restriction unconstitutionally censored her conversations with young patients does not immediately strike down Minnesota's law.
Jess Braverman, legal director for Gender Justice, said that instead, it opens an opportunity to challenge Minnesota's conversion talk therapy ban. But medical professionals must still follow standards of care, Braverman added, and people who have been subject to conversion talk therapy, if it's harmed them, still have options.
"There are other mechanisms in place to hold licensed providers accountable, including malpractice lawsuits and things like that. And those would still be on the table," Braverman said.
The ruling would not extend to other forms of treatment that fall under the conversion therapy umbrella, like aversion therapy, Braverman said. Those practices, if they're banned by the state, would continue to be banned.
"It's a really unfortunate ruling. The conversion therapy bans are in place to protect people from harmful conversations, from harmful interventions that teach them that they're less than, that there's something wrong with them," Braverman said. "And so it's really unfortunate that licensed therapists would be allowed to have these harmful conversations with their patients."
The opinion from the Supreme Court doesn't touch the ban on medical assistance covering the procedure, Braverman added.
"I'm confident that lawmakers will, we'll get together, we'll find additional ways to protect young people, to protect kids from these kinds of harmful practices," Braverman said.
The Minnesota Queer Legislators Caucus said they were "furious" with the ruling.
"It is horrifying to think our queer youth and community members could be subjected to harm and violence that strips them of their dignity and their right to live authentically. The ideology of 'praying the gay away' is neither practical nor humane," the caucus said in a statement.
The caucus added that they are working with the Minnesota Attorney General and state agencies to assess the impact of the decision and to "defend Minnesota's protections."