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VA non-profit files lawsuit challenging counseling censorship

A Richmond non-profit filed a lawsuit in Henrico County Circuit Court Sept. 26 on behalf of licensed professional counselors John and Janet Raymond to challenge the constitutionality of Virginia’s conversion therapy ban.

The Founding Freedoms Law Center (FFLC) is the legal division of The Family Foundation, which filed the suit. The foundation advocates for pro-family public policy in Virginia.

Virginia’s conversion therapy ban prohibits licensed health care providers and counselors from practicing conversion therapy on anyone under 18 years old. Conversion therapy attempts to reduce or eliminate sexual or romantic feelings toward people of the same gender.

The law, Va. Code § 54.1-2409.5, went into effect July 1, 2020, and is one of 22 states in the nation that ban conversion therapy. Presently, any licensed counselor in Virginia who has a conversation with a minor for the purpose of helping him or her embrace their heterosexuality, instead of homosexuality or transgenderism, can lose their license. 

The Raymonds own and operate Associate Counseling Center, a Christian counseling center in Front Royal. Prior to the law taking effect, the Raymonds regularly counseled minors on a wide variety of issues, but said because of this law they have now stopped seeing minors as clients almost entirely. Through this litigation, the Raymonds seek to return to counseling children, including the increasing number of those who are experiencing confusion about their sexual identity.

The lawsuit names as defendants the Virginia Department of Health Professions, its Director Arne Owens, and the Virginia Board of Counseling – the state entities charged with enforcing the law and associated regulations. 

The suit states the counseling censorship law violates Virginia Constitutional provisions concerning free speech, religious freedom, and equal protection, as well as violating Virginia’s Religious Freedom Restoration Act, which says the government cannot substantially burden a person’s free exercise of religion which extends to conversations about sexuality and adherence to biblical principles.

FFLC Attorney Josh Hetzler said, “We are honored to stand beside John and Janet Raymond as they display immense courage in challenging this unjust law not just for themselves, but for the many other professionals, parents, and children who are harmed by it every day. Virginia’s legal protections for speech and religious freedom are particularly strong, even as compared to other state and federal laws, so we look forward to getting into court to vindicate these fundamental rights for the Raymonds and countless other Virginians.”

All Virginia News will update as this case advances through the court system.

Audrey Carpenter is the Loudoun County Bureau Chief for All Virginia News and can be reached at: audreycarpenter@allvirginia.news

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