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Council narrows conversion therapy definition after Supreme Court ruling; first reading passes unanimously
Summary
Responding to the U.S. Supreme Court's Childs v. Salazar opinion, Morgantown council approved on first reading an amendment excluding purely "talk therapy" from the city's conversion therapy definition; council emphasized the city remains a welcoming place and said the change is intended to conform city code to the Court's guidance.
The city amended its human rights code on first reading to change the local definition of conversion therapy so it excludes purely talk therapy following the U.S. Supreme Court decision in Childs v. Salazar.
City Attorney Simonson explained that the Supreme Court identified a First Amendment concern with ordinances that regulate "talk therapy" as expressive conduct and directed such measures to be subject to strict scrutiny. "The ordinance before counsel tonight changes the definition of conversion therapy in the city code to exclude from that definition talk therapy when practiced without any other therapeutic modalities," Simonson said, framing the draft as a conformity measure to the Court's opinion.
Councilors spoke to the council's intent to remain a safe and welcoming city while complying with constitutional constraints. One councilor said: "We are a safe and welcoming city... nothing will ever change that." The measure passed first reading by voice vote, 6–0.
City staff indicated this amendment adjusts the definition and enforcement posture in light of the court decision; any further policy changes would be considered in subsequent drafts if necessary.
