Cincinnati City Council is reviewing its 2015 ban on conversion therapy following a recent U.S. Supreme Court ruling that has raised questions about the legal standing of similar laws nationwide.
The Supreme Court on March 31 rejected Colorado’s ban on conversion therapy, saying a lower court did not apply the proper constitutional standard when evaluating whether the law violated First Amendment protections related to speech and counseling. The ruling involved a challenge to state restrictions on sexual orientation and gender identity change efforts.
In response, Cincinnati officials are considering updates to Chapter 769 of the city’s municipal code to ensure the ordinance remains enforceable.
The city’s motion, introduced last week and signed by council members Jeff Cramerding, Ryan James, Anna Albi, Evan Nolan, Mark Jeffreys and Seth Walsh, calls for a formal review of the city’s conversion therapy ban.
The motion states that conversion therapy has been widely discredited and linked to harmful mental health outcomes. It also warns that similar laws could face legal challenges in light of the Supreme Court decision.
Cramerding, vice chair of the Budget, Finance and Government Committee, said the review is intended to ensure the law remains clear and legally sound, on Monday, April 13.
“The goal is to ensure that Cincinnati’s code is clear, it is enforceable and it is aligned with current best practices, and to proactively address the Supreme Court’s decision,” said Storm Boyd, a member of the city’s LGBTQIA+ Advisory Commission.
The commission was appointed last month to advise city leaders on issues affecting LGBTQ+ residents. Officials have asked the group to provide feedback on potential changes to this ordinance.
Cincinnati enacted its ban on conversion therapy in 2015, joining other cities in prohibiting practices aimed at changing a person’s sexual orientation or gender identity. The ordinance defines conversion therapy as treatment intended to change an individual’s sexual orientation from homosexual to heterosexual or to change a person’s gender identity to match their sex assigned at birth.
The American Psychological Association studies have linked such practices to negative mental health outcomes, including depression and anxiety.
Cramerding said the review is a precautionary step to ensure the law can withstand constitutional scrutiny while continuing to protect LGBTQ+ residents.
“This is a kind of research review to see what changes could be required or necessary to proactively ensure the city code remains effective and responsive to preventing conversion therapy from reemerging in the city and state,” Boyd said.
Council Member Ryan James said Ohio is among the states with the highest prevalence of conversion therapy practices.
“I think Cincinnati is not only a leader at the Ohio level, but also a leader nationally,” James said.
The council will consider the motion at an upcoming meeting.