Gay Conversion Therapy: Can Minnesota Pastors Face Legal Action?

Conversion therapy, also known as reparative therapy, is a practice that involves efforts to change a person's sexual orientation or gender identity. While it has been widely denounced by major medical organizations, it is still legal in many places. In Minnesota, several cities have passed bans on conversion therapy, and activists are working to reframe the practice as conversion abuse to reflect the trauma it can cause. A statewide ban on conversion therapy for minors has been proposed but has not yet passed. The effectiveness of such bans is limited, as they only prevent licensed professionals from practicing conversion therapy, and religious leaders are often exempt from these laws.

The impact of conversion therapy on mental health

Conversion therapy is a dangerous and discredited practice that aims to change an individual's sexual orientation or gender identity. It is based on the false and outdated notion that being LGBTQ+ is a mental illness that needs to be cured. The practice has been widely rejected by all major medical and mental health organizations, including the American Medical Association, the American Psychological Association, and the American Academy of Pediatrics.

Research has found that LGBTQ+ individuals who have survived conversion therapy are at a greater risk of attempting suicide. The Trevor Project's 2020 National Survey on LGBTQ+ Youth Mental Health revealed that 10% of LGBTQ+ youth had undergone conversion therapy, and those who did so were more than twice as likely to report attempting suicide in the past year compared to those who did not. Additionally, a peer-reviewed study published in the American Journal of Public Health found that LGBTQ+ youth who underwent conversion therapy were more than twice as likely to report multiple suicide attempts.

Conversion therapy amplifies the stigma and shame that many LGBTQ+ individuals already experience, leading to feelings of family rejection and a fractured relationship with their loved ones. A 2018 study by The Family Acceptance Project found that LGBTQ+ young adults who experienced conversion therapy had more than double the rate of suicide attempts compared to those who did not. The same study also reported higher levels of depression and lower socioeconomic status, educational attainment, and income in young adulthood among those who underwent conversion therapy.

The negative impact of conversion therapy on mental health is not limited to the individual. Families and communities that support and enforce conversion therapy can also be complicit in causing harm. The shame and stigma associated with conversion therapy can isolate LGBTQ+ individuals from their support systems, leading to feelings of isolation and a lack of acceptance.

In summary, conversion therapy has been proven to have detrimental effects on the mental health of LGBTQ+ individuals, increasing the risk of depression, anxiety, and suicidal ideation. The practice has been widely discredited and is opposed by professional medical and mental health associations. The impact of conversion therapy on mental health underscores the importance of accepting and celebrating the diverse spectrum of human sexuality and gender expression.

Religious leaders' views on conversion therapy

Conversion therapy is a pseudoscientific practice that attempts to change an individual's sexual orientation, gender identity, or gender expression to align with heterosexual and cisgender norms. It is considered dangerous and has been rejected by every mainstream medical and mental health organization. However, due to continuing discrimination and societal bias against LGBTQ+ people, some practitioners, including religious leaders, continue to conduct conversion therapy.

Some right-wing religious groups promote the concept that an individual can change their sexual orientation or gender identity through prayer, other religious efforts, or "reparative" or "conversion" therapy. These groups often overlap and portray being trans as inherently sinful or against God's design. They may also pathologize gender variance as due to trauma, social contagion, or "gender ideology."

However, the research on such efforts has disproven their efficacy and indicated that they are harmful. There is also significant anecdotal evidence of the harm caused by attempts to change an individual's sexual orientation and gender identity. As a result, every major medical and mental health organization in the United States has issued a statement condemning the use of conversion therapy.

The American Academy of Pediatrics, for example, states:

> "Confusion about sexual orientation is not unusual during adolescence. Counseling may be helpful for young people who are uncertain about their sexual orientation or for those who are uncertain about how to express their sexuality and might profit from an attempt at clarification through a counseling or psychotherapeutic initiative. Therapy directed specifically at changing sexual orientation is contraindicated, since it can provoke guilt and anxiety while having little or no potential for achieving changes in orientation."

The American Psychoanalytic Association also opposes conversion therapy, stating:

> "Psychoanalytic technique does not encompass purposeful attempts to 'convert,' 'repair,' change or shift an individual’s sexual orientation, gender identity or gender expression. Such directed efforts are against fundamental principles of psychoanalytic treatment and often result in substantial psychological pain by reinforcing damaging internalized attitudes."

The American Psychological Association affirms that:

> "same-sex sexual and romantic attractions, feelings, and behaviors are normal and positive variations of human sexuality regardless of sexual orientation identity."

It also concludes that there is insufficient evidence to support the use of psychological interventions to change sexual orientation.

The American School Counselor Association emphasizes that it is not the role of the professional school counselor to attempt to change a student's sexual orientation/gender identity but instead to provide support to LGBTQ students to promote student achievement and personal well-being.

The American School Health Association expects that comprehensive sexuality education in schools will be scientifically accurate and based on current medical, psychological, pedagogical, educational, and social research.

The National Association of Social Workers believes that reparative or conversion therapies cannot and will not change sexual orientation and that such treatment can lead to severe emotional damage.

Despite these statements and the growing number of jurisdictions that have passed laws against conversion therapy, it still persists in over 60 countries. Children are particularly vulnerable to the harmful effects of conversion therapy, which can include coercion, rejection, isolation, and blame.

In summary, while some religious leaders continue to advocate for conversion therapy, the overwhelming consensus among medical and mental health organizations is that it is ineffective, harmful, and ethically unacceptable.

The legality of conversion therapy in Minnesota

Conversion therapy, also known as "reparative therapy", involves efforts made by both licensed psychologists and religious leaders to change someone’s sexual orientation or gender identity. It has been widely denounced by major medical organizations, including the American Psychological Association, the American Medical Association, and the American Academy of Pediatrics.

In Minnesota, conversion therapy has been banned at the state level since July 2021, when Governor Tim Walz signed an executive order banning the practice. The order was implemented on August 1, 2023, and made it illegal to practice conversion therapy on individuals within Minnesota. This followed a number of local ordinances in cities such as Minneapolis, Duluth, St. Paul, and Red Wing, which had already banned the practice.

The ban on conversion therapy in Minnesota applies to licensed professionals, including counselors and mental health professionals. While religious leaders are not specifically mentioned in the ban, they may be held liable for consumer fraud under a section of the law that states that "no person or entity" may advertise or practice conversion therapy. This means that pastors and other religious leaders could be subject to legal consequences if they are found to be practicing conversion therapy.

The legality of conversion therapy is a complex and controversial issue, and it is important to note that while Minnesota has taken steps to ban the practice, it is still legal in many other states.

The effectiveness of conversion therapy

Conversion therapy, also known as reparative therapy, is a range of dangerous and discredited practices that falsely claim to change a person's sexual orientation or gender identity. In July 2021, Minnesota banned conversion therapy state-wide, with the governor signing an executive order restricting the practice for LGBTQ+ youth in the state.

Effectiveness of Conversion Therapy

There is no credible evidence that sexual orientation can be changed through therapeutic intervention. Most accounts of such change are similar to instances of "faith healing". There is also evidence that attempting to change a person's sexual orientation can be harmful. The consensus among psychologists and psychiatrists who have studied conversion therapy is that therapeutic intervention cannot change sexual orientation. This position is echoed by all major professional organizations in the field, including the American Psychological Association.

A review of 47 peer-reviewed studies on the effectiveness of conversion therapy found that 12 concluded that it is ineffective and/or harmful, with links to depression, suicidality, anxiety, social isolation, and decreased capacity for intimacy. Only one study concluded that sexual orientation change efforts could succeed, but only in a minority of participants. The study had several limitations, including a self-selected religious sample and reliance on self-reports, which can be biased and unreliable.

The remaining 34 studies did not make an empirical determination about the effectiveness of conversion therapy but offered useful observations to guide practitioners treating LGBTQ+ patients. While there is limited research on conversion therapy due to the difficulty of empirically assessing a person's sexual orientation, the existing evidence suggests that it is ineffective and potentially harmful.

Minnesota's Stance on Conversion Therapy

Minnesota has taken a strong stance against conversion therapy, recognizing its potential harm to LGBTQ+ youth. The state's ban on conversion therapy is a reflection of its support for the LGBTQ+ community and its commitment to protecting the rights and well-being of its residents.

The history of LGBTQ+ rights in Minnesota

Minnesota has a long history of inclusion and progressive policies concerning the LGBTQ+ community. The state has been referred to as one of the most LGBTQ-friendly in the Midwest, with Minneapolis topping many lists as one of the friendliest cities for the LGBTQ+ community.

In the early 1970s, Minneapolis was the third city in the country to pass legislation prohibiting housing or employment discrimination based on sexual orientation. In 1975, it became the first city to pass a non-discrimination ordinance. In the early 1990s, Minneapolis created Minnesota's first municipal domestic-partner registration ordinance.

In 1993, Minnesota became the first US state to outlaw discrimination based on sexual orientation and gender identity, protecting LGBTQ+ people from discrimination in employment, housing, and public accommodations. In 2013, the state legalized same-sex marriage after a bill was passed by the Minnesota Legislature and signed into law by Governor Mark Dayton. This followed a 2012 ballot measure where voters rejected a constitutional ban on same-sex marriage.

While legislation outlawing same-sex sexual activity remained nominally in effect until 2023, it had been invalidated since 2001 when the state's Supreme Court ruled it unconstitutional. In 2021, an executive order was signed and implemented, banning conversion therapy statewide. Some cities within Minnesota had previously banned conversion therapy through local ordinances.

Today, the Twin Cities metro area has a vibrant LGBTQ+ culture, scene, and nightlife, with annual pride events, community centers, bars, clubs, cafes, and other venues. Minneapolis has a long history of inclusion and forward-thinking policies, pioneering LGBTQ+ rights.

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