Expressive Ends: Understanding Conversion Therapy Bans*
Expressive Ends: Understanding Conversion Therapy Bans* MARIE-AMÉLIE GEORGE** Abstract LGBT rights groups have recently made bans on conversion ther- apy, a practice intended to reduce or eliminate a person’s same-sex sexual attractions, a primary piece of their legislative agenda. However, the stat- utes only apply to licensed mental health professionals, even though most conversion therapy is practiced by religious counselors and lay ministers. Conversion therapy bans thus present a striking legal question: Why have LGBT rights advocates expended so much effort and political capital on laws that do not reach conversion therapy’s primary providers? Based on archival research and original interviews, this Article argues that the bans are significant because of their expressive function, rather than their prescriptive effects. The laws’ proponents are using the statutes to create a social norm against conversion therapy writ large, thus broadening the bans’ reach to the religious practitioners the law cannot directly regulate. LGBT rights groups are also extending the bans’ expressive message to support the argument that sexual orientation is immutable and to reverse a historical narrative that cast gays and lesbians as dangerous to children. These related claims have been central to gay rights efforts for much of the twentieth century and continue to shape LGBT rights battles. While * Originally published in the Alabama Law Review ** Associate in Law, Columbia Law School; Ph.D. Candidate, Department of His- tory, Yale University. I would like to thank Richard Briffault, Elizabeth Emens, Kath- erine Franke, Suzanne Goldberg, Claudia Haupt, Lisa Kelly, Ryan Liss, Anna Lvovsky, Serena Mayeri, Marah McLeod, Henry Monaghan, Doug NeJaime, Luke Norris, Cliff Rosky, Carol Sanger, Elizabeth Scott, Sarah Swan, Allison Tait, Ryan Williams, John Witt, and Maggie Wittlin for their thoughtful feedback on drafts.
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