Council of State advises against criminalizing gay conversion therapy

The Council of State responded negatively to parliament’s wish to criminalize gay conversion therapies in advice published on Monday. The most important advisory body for new legislation understands the wish to send a signal to society that this type of therapy is undesirable by making it illegal. But that in itself is not sufficient reason to amend the criminal code, the Council of State argued. Enforcement is also difficult to regulate.

Conversion therapy aims to change or suppress someone’s sexual orientation or gender identity. Last year, the D66, VVD, PvdA, SP, GroenLinks, and PvdD submitted an initiative law to ban these controversial therapies in the Penal Code.

The parties, which have a majority in parliament and the Senate, are mainly concerned with protecting young people and adults in vulnerable positions against the harmful consequences of these practices. Some ecclesiastical institutions still offer gay conversion therapies, ranging from prayer sessions to psychological pressure to getting sickening drugs or electric shocks if they react to homoerotic images. The MPs also want to promote the acceptance of gender and sexual diversity.

But according to the Council of State, a total ban on conversion therapy is contrary to the fundamental rights of those involved. It would be better for the political parties to delete the total ban part of their proposal. They must also make clearer what precisely the added value of the intended criminalization is. If they are unable to do so, the Council believes that the initiators would be better off dropping the bill. If they still want to push ahead, they should adjust the proposal and provide more explanation, the Council said.

A majority in parliament has been calling for a ban on gay conversion since 2019, but the Cabinet first wanted to have research done. That study concluded that a ban on gay conversion therapies would mainly have symbolic value, be difficult to encapsulate in legal text, and be challenging to enforce. The researchers suggested focusing on cultural change instead.