Ban on gay ‘conversion’ may set precedent

Palm Beach could be first Florida county to outlaw controversial therapy

Palm Beach County is on track to become the first county in Florida to ban state-licensed therapists from trying to change a child’s sexual orientation.

Commissioners voted 6-1 to give preliminary approval to prohibiting the practice known as conversion therapy amid objections from religious freedom advocates who wore stickers urging “Protect Free Speech” and “Don’t Deprive Children of Therapy.”

The regulations would apply to unincorporated areas of Palm Beach County and cities that do not opt out of the rules. Only licensed therapists would be barred from offering conversion therapy to patients younger than 18. Clergy would be exempt.

Violations would be punishable by fines ranging from $250 to $500 per case.

Several South Florida cities have banned the practice, including Boynton Beach, Delray Beach, West Palm

Beach and Wilton Manors.

A proposed ban failed in Miami-Dade County. Broward County commissioners plan to take up the issue.

Robert Otto, a Boca Raton therapist, said the state — not the county — is the proper authority to regulate his practice.

“What takes place in a counseling office is freedom of speech,” he said. He added, “You have no jurisdiction over what happens in my office from a licensure standpoint.”

Another therapist, Julie Hamilton, said teenagers — some who have suffered sexual abuse or been exposed to pornography — often want help from therapists dealing with unwanted sexual feelings.

Leading medical groups, including the American Psychological Association, have denounced conversion therapy, concluding that trying to change someone’s sexual orientation can lead to depression, suicidal thoughts and substance abuse.

The Palm Beach County Human Rights Council, which supports gay rights, has pushed for the ban for more than a year, arguing conversion therapy is not backed by science and does harm to children. The group’s founder, Rand Hoch, said he’s aware of at least two Palm Beach County children who were forced to undergo conversion therapy by their parents.

Rachel Needle, a therapist from West Palm Beach, said she supports the ban because homosexuality is not recognized as a disorder or a disease by established medical groups.

“It will send a strong message to youth in our community that there is nothing wrong with their sexual identity or sexual orientation,” she said.

Liberty Counsel, an Orlando-based nonprofit that bills itself as “restoring the culture by advancing religious freedom, the sanctity of human life and the family,” has threatened to sue Palm Beach County if it proceeds with the ban, arguing that the measure would violate the First Amendment. That group filed a federal lawsuit on Monday against Tampa’s ban.

Similar bans have survived court challenges. The U.S. Supreme Court left a California law intact that prohibited state-licensed therapists from trying to change a child’s sexual orientation.

A Christian minister brought the legal challenge, arguing that the ban violated religious rights.

Florida has not expressly prohibited counties from banning conversion therapy, but the courts have not examined whether there is an “implied” prohibition, according to the county’s legal research.

Commissioner Hal Valeche, who cast the sole dissenting vote, warned his colleagues they were on dangerous ground.

“This is smacking of fascism to me,” he said.

But Commissioner Mack Bernard said the commission had an obligation to protect “the health, safety and welfare of its residents.”

Palm Beach County’s final hearing will be Dec. 19.