Northern Virginia Counselors Challenge Virginia’s Ban on Conversion Therapy

Two counselors from Northern Virginia, backed by lawyers with the conservative group The Family Foundation, are seeking to overturn the commonwealth’s ban on conversion therapy, a practice that attempts to change someone’s sexual orientation or gender identity.

On Thursday, the Founding Freedoms Law Center, the legal division of the Family Foundation, announced it filed a lawsuit in Henrico County Circuit Court, claiming the state violated their clients’ right to free speech and religious freedom.

The suit names the Virginia Board of Counseling, Virginia Department of Health Professions, and its director, Arne Owens, as the defendants.

The American Medical Association has denounced conversion therapy, saying the practice is based on the idea that “homosexuality and gender nonconformity are mental disorders and that sexual orientation and gender identity can be changed,” assumptions that are not based on medical or scientific evidence.

Narissa Rahaman, executive director for Equality Virginia, said the Family Foundation’s latest action is another attempt to discriminate against LGBTQ+ people.

“Once again, anti-LGBTQ+ forces are just trying to find new ways to advance their failing cause,” Rahaman said in a statement. “To the LGBTQ+ youth in Virginia and around the country who have been subjected to this dangerous practice: We will not stop fighting for you. You are worthy of love, support and access to affirming therapy.”

In 2020, Virginia banned conversion therapy, which prohibits state-licensed healthcare providers and counselors from practicing it on anyone under 18. Sen. Scott Surovell, D-Fairfax, and Del. Patrick Hope, D-Arlington, carried the legislation.

According to the suit, John and Janet Raymond, the plaintiffs and owners of the Associate Counseling Center in Front Royal, have lost “significant” business income due to the ban.

“The Raymonds wish to counsel children who are seeking help to align their sexual feelings, actions, and identity toward a biblical sexual ethic, in accordance with God‘s design for human beings, including those struggling with homosexuality and so-called ‘gender identity,’” the suit states.

John and Janet Raymond, owners of the Associate Counseling Center in Front Royal, are suing the state for prohibiting their right to practice conversion therapy. (Nathaniel Cline/Virginia Mercury)

The Virginia lawsuit was announced soon after Kentucky Democratic Gov. Andy Beshear banned the practice through an executive order on Sept. 18. Republicans outraged by the decision said it violated parental rights and hindered their legal authority to make decisions about their child’s care.

Founding Freedoms Law Center attorney Josh Hetzler said their case is independent of Kentucky’s recent action, but makes the Virginia lawsuit “all the more timely” and could be a learning opportunity for the neighbor state.

“We think our case is going to help (and) hopefully when we win, Kentucky will see the writing on the wall and will do the right thing as well,” Hetzler said.

According to a report by the American Psychological Association, behavior therapists used treatment like inducing nausea, providing electric shocks, or having the individual snap an elastic band around their wrist when they became aroused by same-sex erotic images or thoughts. Virginia’s ban on the practice in 2020 came after several years of failed legislative efforts to make it illegal.

In recent years, minors’ sexuality and gender expression have been at the forefront of political discussions concerning education and athletics in Virginia schools. Both Democrats and Republicans have  fought over the protections and rights of minors as well.

One of the most notable actions came when Republican Gov. Glenn Youngkin’s administration overhauled the state’s 2021 model school policies for transgender and nonbinary students designed under former Democratic Gov. Ralph Northam to protect the privacy and rights of such minors.

Since then, groups including the American Civil Liberties Union of Virginia have filed lawsuits challenging the Virginia Department of Education on the policies that some schools have adopted. In February, the ACLU and Freshfields filed three related lawsuits.

One case, involving at least one teacher refusing to address a transgender student by her preferred first name, was dismissed in July. The other two cases are still being litigated in the Eastern District of Virginia and the Hanover County Circuit Court.

Last year, the Mercury reported that the number of Virginians changing the sex listed on their birth certificate more than doubled between 2020 and 2022, after lawmakers passed legislation streamlining the process for individuals wanting to do so.

by Nathaniel Cline, Virginia Mercury

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