“To prohibit commercial sexual orientation conversion therapy, and for other purposes.”
No CRS summary available for this bill.
This section makes the following congressional findings: (1) being lesbian, gay, bisexual, transgender, or gender nonconforming is not a disorder, disease, illness, deficiency, or shortcoming; (2) the national community of professionals in education, social work, health, mental health, and counseling has determined there is no scientifically valid evidence supporting conversion therapy; (3) such professionals have determined there is no evidence that conversion therapy is effective or that an individual's sexual orientation or gender identity can be changed by it; (4) such professionals have determined that conversion therapy poses substantial risks to an individual's mental and physical health, contributing to depression, self-harm, low self-esteem, family rejection, and suicide; and (5) it is in the national interest to prevent lesbian, gay, bisexual, transgender, and gender nonconforming people and their families from being defrauded by persons offering this therapy.
This section defines key terms for purposes of the Act, including (1) conversion therapy as any compensated practice or treatment seeking to change an individual's sexual orientation or gender identity (including behaviors, expressions, or same-gender attractions), or integral products/services (unless First Amendment-protected), excluding assistance with gender transition or supportive practices such as acceptance, coping, social support, or identity exploration (including sexual orientation-neutral interventions to prevent unlawful conduct or unsafe sexual practices); (2) gender identity as an individual's gender-related identity, appearance, mannerisms, or other characteristics regardless of designated sex at birth; (3) person as any individual, partnership, corporation, cooperative, association, or other entity; and (4) sexual orientation as homosexuality, heterosexuality, or bisexuality.
This section prohibits any person from (1) providing conversion therapy to an individual; (2) advertising conversion therapy while claiming it changes sexual orientation or gender identity, eliminates or reduces same-sex attractions or feelings, or is harmless or risk-free; or (3) knowingly assisting in providing conversion therapy if compensated. It treats such violations as violations of a rule defining unfair or deceptive acts or practices under section 18(a)(1)(B) of the Federal Trade Commission Act (15 U.S.C. 57a(a)(1)(B)), enforceable by the Federal Trade Commission using its standard authorities, powers, penalties, privileges, and immunities, including authority to promulgate implementing regulations under 5 U.S.C. 553. The section further authorizes the Attorney General to bring civil actions for violations and permits state attorneys general (or other authorized state officials) to bring parens patriae civil actions on behalf of state residents, subject to prior notice to the FTC (or immediate notice if infeasible), FTC rights to intervene and appeal, state investigatory powers, FTC preemption during its actions, and specified venue and service rules.
This section provides a severability clause, stating that if any provision of the Act, or its application to any person or circumstance, is held unconstitutional, the remainder of the Act and its application to other persons or circumstances shall not be affected.