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Utah governor takes action to regulate conversion therapy

Herbert says practice seems ‘unethical’

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Gary Herbert, Utah, gay news, Washington Blade, Republican Party
Gary Herbert, Utah, gay news, Washington Blade, Republican Party
Utah Gov. Gary Herbert ordered a Utah board to review conversion therapy. (Photo public domain).

Utah Gov. Gary Herbert has taken action that could lead to the regulation of “ex-gay” conversion therapy in a state with a history of widespread use of the discredited practice.

In a letter dated June 17 and made public Thursday, Herbert ordered the Utah’s Division of Occupational & Professional Licensing to establish rules to regulate psychological interventions with LGBT youth and prevent unethical practices.

“This needs to be done in an area that should be governed by the best available science rather than left unregulated or regulated in a manner that is colored by politics,” Herbert writes. “Specifically, I want the state to ethically regulate psychological interventions for minor children regarding their sexual orientation and gender identity.”

Herbert, a Republican, ordered the proposed rules to be available for public comment not later Sept. 16.

Shannon Minter, legal director for the National Center for Lesbian Rights, said the impetus for the order was a failed attempt in the Utah state legislature to ban conversion therapy.

“It came very close to passing, it had bipartisan support, Gov. Herbert supported the bill,” Minter said.

But the law, Minster said, was “was basically sabotaged at the last minute” by the introduction of a substitute bill that “would have seriously gutted the protections.”

The new proposal, Minter said, would have “limited the protections only to so-called aversive therapies, which have meant virtually nothing because the overwhelming majority of conversion therapy is non-aversive, it’s talk therapy.”

Minter said Herbert “waffled publicly, and took some serious heat for that, as he should have” from Utah’s LGBT community.

“The aftermath of that experience left the LGBTQ community in Utah, I think, very distressed and upset, including upset with the governor because it was so baffling that was so originally so clear and supportive of the law that would have actually protected LGBT young people, and his waffling played a role in the legislation falling through,” Minter said.

According to the Daily Beast, a bill that would have banned conversion therapy for youth in Utah seemed to poised to pass in March. But a House committee instead passed the watered-down bill, which was later tabled without coming up a floor vote.

Meanwhile, conversion therapy for youth is banned in 18 states and D.C. The most recent additions are Maine and Colorado, which enacted laws against the practice just this year.

Minter said Herbert “did some soul-searching after that happened, and I think, wanted something positive to happen on this issue,” which led to the order.

“It was surprising to hear that, but having had the chance to digest it and to evaluate it, I think it’s very positive development, especially given the legislation falling through, which is so bitterly disappointing,” Minter said.

Utah has “a desperate, urgent” need for a conversion therapy ban, Minter said, because of the state’s history.

“If you’re going to point on state where conversion therapy has been absolutely rampant, it would be Utah,” Minter said,

Minter said he doesn’t have data to back up the prevalence of conversion therapy in Utah, but knows the practice is widespread in the state based on his past work.

“The very case I ever worked on 26 years ago was a 16-year-old lesbian from California who got shipped to a Utah treatment center, and over the years had a number of clients who had been in treatment facilities in Utah,” Minter said.

One prominent survivor of conversion therapy is Alex Cooper, a lesbian who grew up in a Mormon family was subjected to the practice in Utah as youth. Cooper later wrote a book, “Saving Alex,” which described her experience in detail, including being forced to stand against a wall wearing a backpack full of rocks for hours on end.

“Anyone who works in this field knows there a constant stream of young people who are being sent to Utah for those treatments,” Minter said.

The Mormon Church, Minter said, for a long time openly supported conversion therapy, but then definitely rejected it two years ago, calling it “abusive.” Earlier this year, the church declined to fight against the conversion therapy bill in the legislature.

Herbert in his letter described his personal discomfort with the idea of conversion therapy, although he refrained from making any conclusions.

“Since I am not a psychologist, I do not presume to understand precisely what inferences to draw from the psychological literature on this subject,” Herbert writes. “Nonetheless, I am particularly troubled by what I have learned about intervention using physical distress. In my understanding, such techniques would seem to be unethical, and, therefore, I do not understand why they would be part of professional practice.”

Anna Lehnardt, a Herbert spokesperson, said the order doesn’t have any preordained conclusion and “we don’t know what the rule making process will recommend.”

Minter, nonetheless said he’s “very confident” the order would lead to regulations against conversion therapy in Utah.

“There is no disagreement within the mental health community about this,” Minter said. “It’s unanimous view of every single leading mental health organization in the country that subjecting minors to conversion therapy is extremely dangerous.”

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U.S. Supreme Court

Supreme Court to consider bans on trans athletes in school sports

27 states have passed laws limiting participation in athletics programs

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U.S. Supreme Court (Washington Blade photo by Michael Key)

The U.S. Supreme Court on Thursday agreed to hear two cases involving transgender youth challenging bans prohibiting them from participating in school sports.

In Little v. Hecox, plaintiffs represented by the ACLU, Legal Voice, and the law firm Cooley are challenging Idaho’s 2020 ban, which requires sex testing to adjudicate questions of an athlete’s eligibility.

The 9th U.S. Circuit Court of Appeals described the process in a 2023 decision halting the policy’s enforcement pending an outcome in the litigation. The “sex dispute verification process, whereby any individual can ‘dispute’ the sex of any female student athlete in the state of Idaho,” the court wrote, would “require her to undergo intrusive medical procedures to verify her sex, including gynecological exams.”

In West Virginia v. B.P.J., Lambda Legal, the ACLU, the ACLU of West Virginia, and Cooley are representing a trans middle school student challenging the Mountain State’s 2021 ban on trans athletes.

The plaintiff was participating in cross country when the law was passed, taking puberty blockers that would have significantly reduced the chances that she could have a physiological advantage over cisgender peers.

“Like any other educational program, school athletic programs should be accessible for everyone regardless of their sex or transgender status,” said Joshua Block, senior counsel for the ACLU’s LGBTQ and HIV Project. “Trans kids play sports for the same reasons their peers do — to learn perseverance, dedication, teamwork, and to simply have fun with their friends,” Block said.

He added, “Categorically excluding kids from school sports just because they are transgender will only make our schools less safe and more hurtful places for all youth. We believe the lower courts were right to block these discriminatory laws, and we will continue to defend the freedom of all kids to play.”

“Our client just wants to play sports with her friends and peers,” said Lambda Legal Senior Counsel Tara Borelli. “Everyone understands the value of participating in team athletics, for fitness, leadership, socialization, and myriad other benefits.”

Borelli continued, “The U.S. Court of Appeals for the Fourth Circuit last April issued a thoughtful and thorough ruling allowing B.P.J. to continue participating in track events. That well-reasoned decision should stand the test of time, and we stand ready to defend it.”

Shortly after taking control of both legislative chambers, Republican members of Congress tried — unsuccessfully — to pass a national ban like those now enforced in 27 states since 2020.

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Federal Government

UPenn erases Lia Thomas’s records as part of settlement with White House

University agreed to ban trans women from women’s sports teams

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U.S. Education Secretary Linda McMahon (Screen capture: C-SPAN)

In a settlement with the Trump-Vance administration announced on Tuesday, the University of Pennsylvania will ban transgender athletes from competing and erase swimming records set by transgender former student Lia Thomas.

The U.S. Department of Education’s Office for Civil Rights found the university in violation of Title IX, the federal rights law barring sex based discrimination in educational institutions, by “permitting males to compete in women’s intercollegiate athletics and to occupy women-only intimate facilities.”

The statement issued by University of Pennsylvania President J. Larry Jameson highlighted how the law’s interpretation was changed substantially under President Donald Trump’s second term.

“The Department of Education OCR investigated the participation of one transgender athlete on the women’s swimming team three years ago, during the 2021-2022 swim season,” he wrote. “At that time, Penn was in compliance with NCAA eligibility rules and Title IX as then interpreted.”

Jameson continued, “Penn has always followed — and continues to follow — Title IX and the applicable policy of the NCAA regarding transgender athletes. NCAA eligibility rules changed in February 2025 with Executive Orders 14168 and 14201 and Penn will continue to adhere to these new rules.”

Writing that “we acknowledge that some student-athletes were disadvantaged by these rules” in place while Thomas was allowed to compete, the university president added, “We recognize this and will apologize to those who experienced a competitive disadvantage or experienced anxiety because of the policies in effect at the time.”

“Today’s resolution agreement with UPenn is yet another example of the Trump effect in action,” Education Secretary Linda McMahon said in a statement. “Thanks to the leadership of President Trump, UPenn has agreed both to apologize for its past Title IX violations and to ensure that women’s sports are protected at the university for future generations of female athletes.”

Under former President Joe Biden, the department’s Office of Civil Rights sought to protect against anti-LGBTQ discrimination in education, bringing investigations and enforcement actions in cases where school officials might, for example, require trans students to use restrooms and facilities consistent with their birth sex or fail to respond to peer harassment over their gender identity.

Much of the legal reasoning behind the Biden-Harris administration’s positions extended from the 2020 U.S. Supreme Court case Bostock v. Clayton County, which found that sex-based discrimination includes that which is based on sexual orientation or gender identity under Title VII rules covering employment practices.

The Trump-Vance administration last week put the state of California on notice that its trans athlete policies were, or once were, in violation of Title IX, which comes amid the ongoing battle with Maine over the same issue.

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New York

Two teens shot steps from Stonewall Inn after NYC Pride parade

One of the victims remains in critical condition

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The Stonewall National Memorial in New York on June 19, 2024. (Washington Blade photo by Michael K. Lavers)

On Sunday night, following the annual NYC Pride March, two girls were shot in Sheridan Square, feet away from the historic Stonewall Inn.

According to an NYPD report, the two girls, aged 16 and 17, were shot around 10:15 p.m. as Pride festivities began to wind down. The 16-year-old was struck in the head and, according to police sources, is said to be in critical condition, while the 17-year-old was said to be in stable condition.

The Washington Blade confirmed with the NYPD the details from the police reports and learned no arrests had been made as of noon Monday.

The shooting took place in the Greenwich Village neighborhood of Manhattan, mere feet away from the most famous gay bar in the city — if not the world — the Stonewall Inn. Earlier that day, hundreds of thousands of people marched down Christopher Street to celebrate 55 years of LGBTQ people standing up for their rights.

In June 1969, after police raided the Stonewall Inn, members of the LGBTQ community pushed back, sparking what became known as the Stonewall riots. Over the course of two days, LGBTQ New Yorkers protested the discriminatory policing of queer spaces across the city and mobilized to speak out — and throw bottles if need be — at officers attempting to suppress their existence.

The following year, LGBTQ people returned to the Stonewall Inn and marched through the same streets where queer New Yorkers had been arrested, marking the first “Gay Pride March” in history and declaring that LGBTQ people were not going anywhere.

New York State Assemblywoman Deborah Glick, whose district includes Greenwich Village, took to social media to comment on the shooting.

“After decades of peaceful Pride celebrations — this year gun fire and two people shot near the Stonewall Inn is a reminder that gun violence is everywhere,” the lesbian lawmaker said on X. “Guns are a problem despite the NRA BS.”

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