FFLC Files Lawsuit Challenging Virginia’s “Conversion Therapy” Ban

Today, the Founding Freedoms Law Center filed a lawsuit on behalf of licensed professional counselors Dr. John and Janet Raymond to challenge the constitutionality of Virginia’s so-called “conversion therapy” ban. The law (Va. Code § 54.1-2409.5), which went into effect July 1, 2020 on the same day our Law Center launched, censors licensed counselors from speaking certain messages that are based in biological reality but run contrary to the new orthodoxy of the LGBTQ revolution. Right now, any Virginia licensed counselor that simply has a conversation with a minor for the purpose of helping him or her embrace their God-given sexuality instead of pursuing homosexuality or transgenderism can lose their license.  

Dr. John and Janet Raymond, Virginia Licensed Professional Counselors

But thanks to our brave clients and our team of dedicated attorneys, we intend to bring this unjust and unconstitutional statute down so that counselors in Virginia can be free again to speak the truth about sexuality, and so that parents can finally find the help they and their child are seeking that is consistent with their family’s faith and values. No one should ever be prevented by law from engaging in voluntary conversations about what is true, especially when those conversations are motivated by a person’s religious faith. But that is exactly what this challenged law in Virginia does, and that is why this lawsuit is absolutely necessary for the protection of free speech and religious exercise.

Plaintiffs Dr. John and Janet Raymond own and operate Associate Counseling Center, which offers counseling for marriages, families, men, and women from a Christian worldview. Prior to this law taking effect, the Raymonds regularly counseled minors on a wide variety of issues, but because of the chilling effect of this law, the Raymonds stopped seeing minors as clients almost entirely. But their desire is to continue counseling children, including the increasing numbers of those who are experiencing confusion about their sexual identity in a culture that is actively pushing them away from God’s design for sexuality.   

The lawsuit, which was filed in Henrico County Circuit Court, names as defendants the Virginia Department of Health Professions, its Director Arne Owens, and the Virginia Board of Counseling - the state entities that are charged with enforcing the law at issue. The Complaint asserts several state law claims, alleging that 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. We are asking the court to declare the law unconstitutional.

We appreciate your prayers and support as we take on this critical fight to restore fundamental freedoms for all Virginia’s counselors and parents.

View our Press Release here.

View our Press Conference here.