Summary#
This bill would make it illegal for people or businesses to sell or advertise "conversion therapy" — practices that try to change a person's sexual orientation or gender identity — when the provider is paid or receives money for products or services integral to the therapy. It gives the Federal Trade Commission (FTC) the main power to enforce the ban and also allows the U.S. Attorney General and state officials to bring civil lawsuits. The stated goal is to stop harmful, ineffective practices and prevent people from being defrauded by those who profit from them.
- Main change: It bans commercial (paid) conversion therapy and advertising claims that it changes sexual orientation or gender identity, or that it is harmless.
- Enforcement: The FTC enforces the rule as an unfair or deceptive practice and may make regulations; the Attorney General and state officials may sue in federal court.
- Definitions and exceptions: “Conversion therapy” is defined broadly but only covers practices linked to payment; it does not include support for gender transition, acceptance/support counseling, or sexual orientation–neutral interventions to prevent unlawful or unsafe sexual behavior.
- Scope: Applies to individuals and organizations (private practitioners, businesses, and other entities) that receive money in connection with providing conversion therapy.
- States and FTC: State attorneys general must notify the FTC before suing and the FTC can intervene; if the FTC brings an action, states may be limited from suing the same defendants during that case.
What it means for you#
- People seeking counseling or medical care: If you pay someone for counseling or treatment that seeks to change your sexual orientation or gender identity, that paid service would be illegal under this bill. Supportive counseling and care that assists a gender transition would still be allowed.
- Providers (therapists, counselors, clinics): Providers who charge for services aimed at changing sexual orientation or gender identity would be prohibited from offering those services or advertising they can change or eliminate same-sex attractions or that such efforts are harmless. Providers offering unpaid or volunteer support may not be covered, since the ban targets paid services.
- Businesses selling products or services tied to conversion therapy: A company that sells a product or service that is “integral” to conversion therapy and receives money for it could be covered, unless that product or service is protected by the First Amendment (the bill does not define the limits of that protection).
- Advertisers and marketers: Advertising claims that conversion therapy can change sexual orientation or gender identity, or that it is harmless, would be prohibited when tied to paid services.
- State governments and state attorneys general: State attorneys general can sue on behalf of residents (parens patriae) but must notify the FTC before filing, and the FTC can intervene or limit state suits while the FTC itself is taking action.
Expenses#
No publicly available information.
- The bill does not include a fiscal note in the provided material.
- Likely administrative effects could include increased FTC workload for rule-making, investigations, and enforcement, and possible costs to states for civil litigation or investigation.
- Businesses and providers that change practices to comply would face compliance costs (stopping services, changing advertising, training).
- The bill does not specify fines or money penalties in this text; it brings violations into the FTC’s existing enforcement framework.
Proponents' View#
- The bill appears intended to stop people and families from being charged for a therapy that the bill describes as ineffective and harmful.
- A possible argument for the bill is that it protects consumers from deceptive or fraudulent practices by treating paid conversion therapy as an unfair or deceptive commercial practice.
- It could be seen as providing a federal enforcement path (through the FTC and federal courts) to back up existing professional guidance that conversion therapy is dangerous.
- The bill’s exceptions aim to preserve support for gender transitions and neutral interventions that address unsafe conduct.
Opponents' View#
- One concern is that the bill does not clearly define what counts as an “integral” product or service, which could make enforcement and compliance uncertain.
- The First Amendment carve-out is not explained in detail, so it is unclear which speech or religious counseling practices would be protected.
- The law targets only paid services; unpaid or volunteer conversion efforts would likely fall outside the ban. The bill does not explain whether that was intended.
- The bill leaves open how penalties, remedies, or damages would work in practice, because it relies on the FTC’s enforcement authorities without listing specific remedies in the text.
- Requiring state attorneys general to notify the FTC and allowing the FTC to preempt state suits while it acts could raise questions about the balance between federal and state enforcement.