Kansas City rewrites conversion therapy ban after court ruling
Add Axios as your preferred source to
see more of our stories on Google.
Illustration: Brendan Lynch/Axios
Kansas City leaders are advancing a rewritten conversion therapy ban built to survive the Supreme Court ruling that struck down the last one, this time without naming the practice it targets.
Why it matters: Conversion therapy, the discredited effort to change someone's sexual orientation or gender identity, leaves LGBTQ+ youth more than twice as likely to attempt suicide, per the Trevor Project.
How it works: The proposal from Mayor Quinton Lucas and 6th District Councilman Johnathan Duncan bans "dangerous and life-threatening therapeutic practices" sold for compensation, defined as treatments that raise the risk of suicide, self-harm or depression.
- It never names conversion therapy, LGBTQ+ people or minors, in an effort to avoid the First Amendment problems the Supreme Court identified in Colorado's law.
- Only paid providers would fall under the ban, and unpaid religious or pastoral counseling remains exempt.
- Violators would face a $1,000 fine per incident and could lose their business license.
Catch up quick: Council voted 7-5 in May to repeal KC's 2019 ban after the Supreme Court ruled 8-1 in Chiles v. Salazar that a nearly identical Colorado law violated free speech, and Missouri's attorney general sued the city.
What they're saying: Lucas, an attorney who once called conversion therapy "heinous," is daring opponents to test the rewrite.
- "It's going to be among the toughest in the country, and what I would do is say to conservative lawyers, bring it on," Lucas said at a town hall.
The other side: The counselors and the Alliance Defending Freedom, who sued alongside the Missouri attorney general to strike the 2019 ban, say the city is restricting protected speech. Their suit called the ban an effort to outlaw "purely consensual conversation — pure speech."
- Our Spot KC, the nonprofit behind KC PrideFest, barred Lucas and several council members from this year's festivities over the repeal, pointing to the "vague replacement language" that followed.
Reality check: Skipping the words may ease the free speech problem, but UMKC law professor Allen Rostron warned the vague wording invites a new fight over who gets to decide which therapies count as dangerous.
What's next: A council committee could take up the ordinance as early as Tuesday, when the public can comment.