Conversion Therapy Prohibition

Summary#

This bill would make it illegal for people or businesses to provide or sell paid "conversion therapy" aimed at changing a person's sexual orientation or gender identity. Its stated goal is to stop people from being sold an ineffective and harmful treatment and to give the Federal Trade Commission and others tools to enforce that ban.

  • Main change: Bans any paid practice or treatment that seeks to change another person's sexual orientation or gender identity, and bans advertising that claims such change is possible or harmless.
  • Who enforces it: The Federal Trade Commission (FTC) enforces the ban as an unfair or deceptive practice. The Attorney General of the United States and state attorneys general can also bring civil lawsuits.
  • Scope: The ban covers individuals and organizations that receive money for the practice, or receive money for a product or service integral to providing the practice (with a First Amendment exception for some protected speech).
  • Exceptions: The bill does not cover assistance for someone undergoing a gender transition, or counseling that provides acceptance, support, identity exploration, or sexual orientation–neutral help to address unlawful or unsafe sexual behavior.

What it means for you#

  • People seeking therapy or counseling: You would not be legally offered paid treatments whose goal is to change your sexual orientation or gender identity. Supportive counseling and care for people undergoing gender transition remain allowed.
  • Mental health professionals and counselors (paid providers): You must not provide or advertise paid services that aim to change a person's sexual orientation or gender identity. You could face enforcement action by the FTC or civil suits if you do. The bill covers individuals, clinics, and other entities that receive payment.
  • Religious counselors or unpaid volunteers: The ban applies where the person receives monetary compensation or where payment is received for a product or service integral to the treatment. It does not clearly prohibit purely unpaid religious counseling, but paid religious counseling would be covered.
  • Businesses that sell products or services used in conversion therapy: If a product or service is integral to providing conversion therapy and generates compensation tied to that practice, it may be covered unless the product/service is protected as free speech under the First Amendment.
  • State governments and state attorneys general: State attorneys general may sue on behalf of their residents (parens patriae suits). They must notify the FTC before filing unless notification is not feasible. The FTC can intervene in those cases.
  • General public and consumers: The bill is framed as a consumer-protection measure to stop deceptive or harmful paid practices marketed to LGBTQ+ people or their families.

Expenses#

No publicly available information.

  • The bill would give the FTC a new enforcement mandate, which could increase the agency's workload and enforcement costs.
  • The Attorney General and state attorneys general could face additional litigation expenses if they bring civil actions.
  • Providers and businesses that previously offered paid conversion practices may face compliance costs to change services and advertising, and potential civil penalties if found in violation.
  • The bill itself does not include a fiscal note or a specific funding appropriation in the text provided.

Proponents' View#

  • The bill appears intended to protect people from being sold an ineffective and harmful practice and to prevent fraud.
  • It reflects the bill's findings that professional communities find no scientific support for conversion therapy and that it can cause serious mental-health harms.
  • Treating the practice as an unfair or deceptive act lets the FTC and state lawyers act to stop businesses that profit by offering it.
  • The bill keeps ordinary supportive counseling and medical care for gender transition separate from the ban.

Opponents' View#

  • One concern is that the bill does not fully explain how to distinguish prohibited practices from legitimate counseling, which may create uncertainty for providers.
  • It is unclear how the First Amendment exception for some products or services will be applied in practice.
  • The bill could raise questions about whether paid religious counseling or faith-based programs are covered when money changes hands.
  • Enforcement could increase workloads for the FTC and state legal offices and lead to litigation over definitions, but the bill’s text does not include cost estimates or detailed procedures for resolving such disputes.