Greg Baylor argues against LB 367's restrictions on counseling in Nebraska committee hearing

In a pivotal meeting of the Nebraska Health and Human Services Committee on March 27, 2025, the contentious topic of LB 367, a proposed ban on conversion therapy, took center stage. The atmosphere was charged as advocates and opponents of the bill presented their views, highlighting the deep divisions surrounding this sensitive issue.

Tanya Ensalada Cruz, a proponent of the bill, expressed her concerns about the dangers of deceptive practices in therapy, emphasizing the need for protective measures. Shannon Coriel echoed this sentiment, urging committee members to vote against conversion therapy, citing its harmful effects and recommending the documentary "Boye, Interrupted" as a resource to understand its impact.

On the opposing side, Greg Baylor, senior counsel with Alliance Defending Freedom, argued vehemently against LB 367, claiming it infringes on First Amendment rights by restricting speech within the counselor-patient relationship. He pointed to previous court rulings that have struck down similar laws, asserting that the bill would not withstand judicial scrutiny. Baylor contended that while protecting children is a valid governmental interest, the evidence suggesting that talk therapy is harmful is weak. He warned that laws like LB 367 could inadvertently push confused children toward irreversible medical interventions.

The discussion also touched on the broader implications of regulating speech versus conduct in therapy. Baylor clarified that while the legislature has the authority to regulate certain practices, the distinction between speech and conduct is crucial when it comes to constitutional rights. He argued that conversations between counselors and patients should be protected as free speech, a point that resonated with some committee members.

As the meeting progressed, the tension between the need for regulation and the protection of free speech became increasingly evident. The committee's deliberations on LB 367 reflect a larger national conversation about the rights of individuals in therapy and the responsibilities of lawmakers to protect vulnerable populations. With the Supreme Court set to review similar cases in the coming year, the outcome of this debate could have far-reaching consequences for mental health practices across the country. The committee's decision on LB 367 will not only shape the future of conversion therapy in Nebraska but may also influence the legal landscape surrounding mental health care nationwide.