Netherlands passes law banning conversion therapy

The Dutch Parliament on Tuesday passed legislation criminalizing conversion therapy, making the Netherlands the latest country to impose criminal sanctions on actions aimed towards changing individuals’ sexual orientation and gender identity.

Tuesday’s legislation, titled Wet strafbaarstelling conversiehandelingen (Act on the Criminalization of Conversion Acts), was approved by the Upper House (Eerste Kamer) with 57 out of 75 total votes in favor of passage. The law targets intrusive conversion therapy practices with violators subject to fines of up to €27,500 and imprisonment for a maximum of two years.

Conversion therapy has a long and contested history. Dating back to the late 19th century, conversion therapy purports to change an individual’s sexual orientation through various means including hypnosis, exposure therapy, and faith-based intervention. In 1973, the American Psychiatric Association removed homosexuality from its Diagnostic and Statistical Manual (DSM), reflecting evolving views that sexual orientation is not a “disorder” requiring treatment. Despite these changes, the practice persists internationally. A 2020 United Nations (UN) report found that conversion therapy practices inflict severe pain and suffering—often resulting in psychological and physical damage—and called for a global ban. International medical bodies such as the World Psychiatric Association have reached similar conclusions in their condemnation of conversion therapy.

US laws on conversion therapy are fragmented, as no federal ban currently exists. Twenty-three states and the District of Columbia ban licensed healthcare providers from subjecting minors to conversion therapy, while four states restrict conversion therapy. However, these protections have faced challenges on First Amendment grounds. In March, the US Supreme Court ruled in Chiles v. Salazar that conversion therapy restrictions regarding “talk therapy” are subject to strict scrutiny review, striking down a Colorado state ban. Last December, the Sixth Circuit Court of Appeals blocked the state of Michigan’s ban in Catholic Charities v. Whitmer, citing First Amendment concerns.

Tuesday’s vote in the Netherlands aligns within recent trends across Europe. Eight European Union member states have national bans on conversion therapy. In January, the Parliamentary Assembly of the Council of Europe adopted a resolution urging all member states to ban the practice and implement criminal sanctions for violations.

The post Netherlands passes law banning conversion therapy appeared first on JURIST – News.

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