Alaska’s only ordinance banning conversion therapy for minors remains in place following a U.S. Supreme Court ruling that has cast doubt on the legality of similar laws across the country.
Supreme Court Ruling and its Impact
The Supreme Court’s decision did not endorse conversion therapy but ruled that Colorado’s ban likely violates the First Amendment, arguing the law regulates speech based on viewpoint. This ruling has raised legal concerns for Anchorage’s 2020 ordinance, which is the only restriction of its kind in Alaska.
Ordinance Details
Passed by the Anchorage Assembly in August 2020 with a 9-2 vote, the ordinance prohibits licensed practitioners from providing conversion therapy to minors. It does not apply to clergy or unlicensed religious counselors. Violations can result in civil penalties of $500 per day.
Arguments For and Against the Ban
Supporters of the ordinance argue it protects minors from harmful coercion. Opponents claim it infringes on parental and religious rights.
Differing Perspectives
Justice Neil Gorsuch, writing for the majority, issued an as-applied ruling, striking down Colorado’s ban as it applied to a specific counselor. Justice Elena Kagan, joined by Justice Sotomayor, warned the same logic could apply to laws restricting gender-affirming therapy. Justice Ketanji Brown Jackson dissented, arguing states have the authority to regulate licensed medical professionals.
Expert and Advocate Views
Yair Shurka, a New York congressional candidate and advocate for the National Center for LGBTQ Rights, shared his personal experience with conversion therapy, describing being ordered to cut off contact with family. He emphasized the practice has no scientific backing and is extremely harmful.
Dr. Kevin Tarlow, Alaska Psychological Association board secretary, echoed these concerns, stating the consensus in his profession is that conversion therapy is ineffective and potentially very harmful, raising risks of depression, addiction, and suicide. Major medical organizations, including the American Psychological Association and the American Medical Association, oppose the practice.
Pastor Ron Hoffman, senior pastor at Mountain City Church, initially understood conversion therapy as physical abuse and stated no one supports such practices.
Current Status and Future Outlook
Despite the legal uncertainty created by the Supreme Court ruling, no immediate legal challenges to Anchorage’s ordinance have been filed. Former Assembly Chair Felix Rivera previously believed the ordinance’s wording would withstand legal challenges. Dr. Tarlow believes it is unlikely any licensed providers in Alaska are currently offering conversion therapy.
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