Prohibiting Conversion Therapy Torture in Indiana

Similarly, imagine a second scenario in which the president, during a press conference, begins screaming obscene, offensive, racist statements attacking foreign leaders.Again, he decides to justify his actions by arguing that it is his right to free speech under the First Amendment.Is he protected?These two hypothetical situations highlight the clear distinction between free speech and professional misconduct, in which the president's actions in both situations undoubtedly constitute professional misconduct, likely subjecting him to disciplinary action.This distinction between free speech and professional misconduct is important.An ongoing debate and split circuit decisions analyze whether conversion therapy efforts against LGBTQ+ individuals are considered free speech under the First Amendment.Many LGBTQ+ patients risk abusive conversion therapy treatment because conflicting court decisions and lax professional rules may sanction conversion therapy on LGBTQ+ patients.The United States Court of Appeals for the Ninth and Eleventh Circuits and the United States Supreme Court have made decisions in this conversion therapy debate.Furthermore, this pressing issue has been at the forefront of discussion in Indiana.In early 2023, Indiana passed Senate Bill 350, effectively stopping local governments from regulating any services subject to state licensure. 5 Consequently, Indiana is the only state where state law prohibits local-level bans on conversion therapy treatment. 6 Senator J.D. Ford, an openly gay member of Indiana's General Assembly, recalled his own exposures to conversion therapy treatment as the "most hurtful, damaging and humiliating experiences of my life." 7 Part I of this note defines relevant terms along with a brief history of homosexuality in the American Psychiatric Association's Diagnostic and Statistical Manual (DSM).Part II of this note thoroughly analyzes the jurisdictional split regarding licensed medical professionals subjecting LGBTQ+ patients to conversion therapy treatment.Through statistical analysis of various studies and recent cases, part III of this note argues against proven harmful conversion therapy treatment on members of the LGBTQ+ community.After providing Indiana statistics regarding conversion therapy, part IV of this note proposes a statutory ban in Indiana that would prohibit conversion therapy on LGBTQ+ patients by licensed medical professionals.