Attorney expects conversion therapy ruling to impact Illinois ban

By Jim Talamonti | The Center Square
The Center Square

(The Center Square) – Illinois’ ban on conversion therapy may be challenged in the near future.

Last week, the U.S. Supreme Court ruled 8-1 against a similar prohibition in Colorado. Justices said the state does not have constitutional authority to restrict professional conversations of therapists and counselors licensed by the state.

Chicago attorney John Mauck said the state has no business telling counselors they can help people go gay, but they can’t help them go straight.

“I found it particularly important that the two liberal judges who joined the majority said you just can’t have an uneven playing field,” Mauck said.

Mauck worked to secure a 2017 ruling – Pastors Protecting Youth, et al. v. Madigan – that the Illinois ban did not apply to pastors.

State Rep. Kelly Cassidy, D-Chicago, condemned the high court’s decision.

“As the lead sponsor on the state’s 11-year-old ban on the unethical practice of conversion abuse at the hands of medical professionals, I remain committed to ensuring that our state continues to lead the way in finding ways to protect our LGBTQ+ community from increasingly aggressive federal attacks on state laws protecting the community,” Cassidy said in a statement.

The Chicago Democrat said the Illinois prohibition is not directly impacted by this decision, although she indicated she would work with advocates to prepare for future decisions.

Cassidy’s office did not reply to The Center Square’s request for an interview.

Mauck said he expects the Illinois law to ruled unconstitutional.

“Free speech rights go to all counselors in a situation like this, and they override the Illinois prohibition, in my opinion. That’s what happened in Colorado, and I think the courts will follow that exactly in Illinois and say that counselors are now free to counsel people who want help getting a straight heterosexual orientation,” Mauck told The Center Square.

Mauck said he thinks most counselors would wait for a court ruling in Illinois before beginning therapy, but he said they could begin now if they are confident the law is unconstitutional.

“There are a lot of counselors who want to help people go straight, and one of them is probably going to challenge the Illinois law, I imagine, in the next few weeks or a couple months,” Mauck said.

Jonathan Bilyk contributed to this story.