In an 8-1 ruling, the Supreme Court of the United States has tossed a Colorado ban on conversion therapy, the practice of attempting to change someone’s sexual orientation or gender identity. The high court agreed with counselor Katey Chiles who challenged the law, arguing that the ban violated her First Amendment right of free speech.
LGBTQ+ advocates, including those in Western New York, wonder how the ruling will impact bans in other states.
Major mental health and medical groups, including the American Psychological Association, deem the practice ineffective and harmful, noting that conversion therapy can have long-lasting social and emotional consequences. Jack Kavanaugh, executive director of the Western New York Pride Center and GLYS Western New York, says that type of damage can last a lifetime.
"When you have young people who are very formative in who they are, at that point in their lives, experiencing that level of shame and derision around who they are – that doesn't just go away as you can become an adult,” he says.
Kavanaugh explained how a friend of his was pushed by their parents to receive conversion therapy when they were in high school. Within six months, they ran away from home.
“Every time they drive by, where that clinic was, and this was, you know, 15 years ago, they still feel this sense of shame and embarrassment about themselves that was instilled in that space," Kavanaugh said.
The Supreme Court decision in the case of Chiles v. Salazar could affect laws for more than twenty states that banned conversion therapy for minors. New York State enacted a limited regulatory ban on conversion therapy in 2016 and a fuller statewide statutory ban in 2019, while Erie County enacted a ban with local penalties in 2018. Some fear the Supreme Court ruling could weaken the protections that those bans provide for members of the LGBTQ+ community.
“Some cases like this one might make our protections a little bit weaker, but having a supportive state government, I think, is really helpful in finding other ways to provide those protections," Kavanaugh said.
He says that as state bans on conversion therapy could be jeopardized, expanding gender-affirming care will be critical. GLYS WNY offers mental health services for trans and non-binary youth. Kavanaugh anticipates those services may need to expand, as regions with strong protections like Buffalo and Rochester are seeing an influx of residents from states including Ohio, Florida and Texas, where protections from the LGBTQ+ community are weaker.
"As we continue seeing protection start to break down and look different in other states, we're only going to see that starting to increase over the next year or two, just more and more LGBTQ folks moving here from other states for the protections that we afford the community," he said.
Kavanaugh also says that partnerships with state coalitions like Equality in New York, NEW Pride Agenda, and the New York Civil Liberties Union will be helpful in advocating for protections for the LGBTQ+ community.
