Virginia’s attorney general office says it won't enforce the state’s ban on so-called ‘ex-gay therapy’ for minors. The notice comes after a consent decree was announced between the state and a Front Royal County counselor who wanted to engage in the practice.
“For five years, Virginia’s children struggling over gender confusion and sexuality have been left without professional help,” said Victoria Cobb with the Family Foundation of Virginia announcing a new agreement with the Virginia Attorney General’s office. It would block any enforcement of the Commonwealth’s five-year-old ban on so-called “ex-gay” therapy for minors.
According to the decree — agreed to by Attorney General Jason Miyares’ office last month — the ban violates religious freedom protections in Virginia’s constitution.
“With this court order, every counselor in Virginia will now be able to speak freely, truthfully and candidly with clients who are seeking to have those critical conversations about their identity and to hear faith-based insights from trusted professionals,” Cobb added in a statement announcing the decree.
But Narissa Rahaman with Equality Virginia said the practice has been discredited by every major mental health organization and is considered fraud in some states for a reason.
“This is state-licensed mental health professionals that want to abuse their position of trust with LGBTQ youth into trying to change a part of themselves that cannot be changed,” Rahaman said.
Rahaman noted it can be hard for some parents to understand when their child raises questions about their sexuality or gender identity, but she said conversion therapy does more harm than good.
“Parents want to do what's best for their child and they aren’t always sure what the right thing should be,” she said. “But conversion therapists prey on parents' good intentions and mislead them into placing their child into a dangerous environment.”
Senate Majority Leader Scott Surovell authored the 2020 ban which got bipartisan support.
“I have no problem if someone wants to get religious counseling from their minister, priest, rabbi,” he said. “But if someone goes to get therapy from someone licensed in the state of Virginia, there’s a different set of rules.”
He compared it to prescribing drugs that were not approved by the Food and Drug Administration: “We have a duty to protect public health," he said.
Surrovell noted there was little they could do after Miyares enters the consent decree, but he suggested the statute could get re-written, giving the next AG a chance to rule on the issue. But he said, under Virginia law, consent decrees are final after 21 days.
The Senate Majority Leader also said Miyares has a history of using what he called “strategic litigation” to overrule acts of the legislature.
“He basically told the Department of Corrections they didn't have to release certain people. The state just ended up paying $1.8 million dollars for his advice. [It was $1.6 million.] He told Governor Youngkin he could withdraw from RGGI. A circuit judge told him he was wrong. He told the governor he could withhold records on his tip line. A circuit judge told him he was wrong. [Miyares settled with plaintiff media outlets and Youngkin released emails in late 2022.] And this is just one more example of that,” Surrovel said. "And Virginians ought to really ask whether this attorney general is competent to do his job.”
Senator Danica Roem, the nation’s first openly transgender state legislator, said she was in the House along with Miyares when the bill was passed.
“Miyares sat out the vote,” she said of the tactic used by elected officials to avoid going on record with an issue.
“But the bill passed by a 62-35 margin,” she said of the House version, patroned by Delegate Patrick Hope. The Senate version passed in House 66-27. “That’s strong bipartisan support.”
Miyares’ office did not return requests for comment.
This report, provided by Virginia Public Radio, was made possible with support from the Virginia Education Association.
