WICOMICO COUNTY, Md. -- A Maryland law banning conversion therapy for minors could be in jeopardy following a recent U.S. Supreme Court ruling.
Conversion therapy, the practice of attempting to change a person’s sexual orientation, has been illegal in Maryland since 2018, when former Governor Larry Hogan (R) signed SB1028 into law.
On Tuesday, Mar. 31, the Supreme Court handed down a near-unanimous decision, ruling 8-1 in favor of Kaley Chiles, a Colorado therapist who challenged her state’s ban on conversion therapy.
The Supreme Court found that the Colorado law challenged by Chiles, as applied to talk therapy, conflicts with core First Amendment principles because it regulates speech based on viewpoint.
Associate Justice Elena Kagan was one of the eight justices who ruled in support of Chiles.
In her letter of concurrence attached to Tuesday's ruling, Kagan pointed out that Colorado's ban "regulates based on viewpoint." It allows a counselor to offer therapy expressing support, acceptance, and other affirmations of a minor's "identity exploration." However, Colorado's ban forbids a counselor from providing therapy that is designed to "change a minor's sexual orientation or gender identity."
That ruling, however, is now raising concerns among LGBTQ advocates, including Mark DeLancey with Together We Thrive, a nonprofit organization.
"I have seen this locally, and at least two people I can recite, but I can’t give their names," said DeLancey. "But two people that have said conversion therapy does not work. Conversion therapy did more harm than good."
Several studies support those concerns. A 2015 study found conversion therapy is rarely successful, while a 2020 study reported negative outcomes, including depression.
"It increases the suicide rate. It increases trauma," DeLancey added.
A spokesperson for Gov. Wes Moore called the Supreme Court’s ruling "deeply disappointing," adding that Maryland’s law was created to protect young people.
The following statement can be attributed to spokesperson Ammar Moussa:
"Conversion therapy is a discredited and harmful practice that has no place being forced on kids under the guise of care. Maryland’s law was put in place to protect young people, and that mission has not changed. Maryland has prohibited licensed mental health and child care practitioners from engaging in conversion therapy with minors since 2018, treating it as unprofessional conduct subject to discipline.
"We are reviewing the ruling closely with the Attorney General and relevant agencies to determine the full implications for Maryland law and any appropriate next steps. But what will not change is this: Governor Moore believes Maryland should stand on the side of protecting children, supporting LGBTQ+ young people, and following the medical consensus — not indulging a dangerous practice that major medical organizations have long rejected as harmful."
Any potential changes to Maryland law may need to happen soon, as the state’s legislative session is set to wrap up in about two weeks.
Congressman Andy Harris is encouraging lawmakers in Annapolis to act quickly and ensure Maryland's law aligns with the Supreme Court's ruling.
"The Supreme Court’s near-unanimous decision makes it crystal clear that states cannot regulate speech based on viewpoint, including in healthcare counseling," said Harris. "The ruling focused on protecting free speech, and any state law, including Maryland’s, that doesn’t meet this constitutional standard should be revised or repealed to ensure the law complies with the Court’s decision."