S.1663 - Therapeutic Fraud Prevention Act of 2025 (119th Congress)
Summary
The Therapeutic Fraud Prevention Act of 2025, or S.1663, aims to prohibit commercial sexual orientation conversion therapy. The bill defines conversion therapy as any practice that seeks to change an individual's sexual orientation or gender identity for monetary compensation. It outlines findings that being LGBTQ+ is not a disorder and that conversion therapy is harmful and ineffective.
The bill makes it unlawful to provide or advertise conversion therapy, or to assist in its provision for compensation. It empowers the Federal Trade Commission (FTC) and state attorneys general to enforce these provisions through civil actions and regulations.
Overall, the bill seeks to protect LGBTQ+ individuals from fraudulent and harmful practices, aligning with broader efforts to ensure their well-being and prevent discrimination.
Expected Effects
If enacted, this bill would make commercial conversion therapy illegal nationwide. This would likely lead to a decrease in the practice of conversion therapy, particularly among licensed professionals and those who advertise such services.
The FTC and state attorneys general would gain the authority to pursue legal action against individuals and organizations violating the Act. This could result in financial penalties and other legal consequences for those engaged in conversion therapy.
Ultimately, the bill aims to reduce the harm inflicted upon LGBTQ+ individuals by preventing them from being subjected to ineffective and dangerous practices.
Potential Benefits
- Protects LGBTQ+ individuals from harmful and ineffective practices.
- Reduces the risk of depression, self-harm, and suicide associated with conversion therapy.
- Prevents financial exploitation of vulnerable individuals and families.
- Affirms the scientific consensus that being LGBTQ+ is not a disorder.
- Promotes social acceptance and well-being for LGBTQ+ individuals.
Potential Disadvantages
- Potential legal challenges based on First Amendment rights (freedom of speech and religion).
- Concerns about government overreach into personal choices and therapeutic practices.
- Possible difficulties in defining and enforcing the prohibition of conversion therapy.
- Risk of driving the practice underground, making it harder to monitor and regulate.
- Concerns from some religious groups who believe in the possibility of changing sexual orientation.
Most Disadvantaged Areas:
Constitutional Alignment
The bill's constitutionality may be challenged under the First Amendment, which protects freedom of speech and religion. Opponents could argue that the ban on conversion therapy infringes on the rights of therapists to express their views and clients to seek the therapy they desire. However, the bill attempts to address this by excluding practices protected by the First Amendment.
Proponents would argue that the bill is constitutional under the Commerce Clause, as it regulates commercial activities that cross state lines. They might also argue that the government has a compelling interest in protecting vulnerable populations from harm, which justifies the restriction on certain practices.
The severability clause in Section 5 suggests an awareness of potential constitutional challenges and an intent to preserve the remainder of the Act if any provision is deemed unconstitutional.
Impact Assessment: Things You Care About ⓘ
This action has been evaluated across 19 key areas that matter to you. Scores range from 1 (highly disadvantageous) to 5 (highly beneficial).