A federal judge dismissed a lawsuit Feb. 16 that challenged whether the Illinois law prohibiting so-called conversion therapy on minors applied to pastors. But the plaintiffs in the case say that the ruling against them ultimately gives clergy more latitude to practice such therapy.
The suit, which named Attorney General Lisa Madigan as a defendant, was filed in August 2016 by an ad hoc group of religious personnel calling itself Pastors Protecting Youth. They maintained that the Youth Mental Health Protection Act ( YMHPA ) infringes on the rights of pastors who might tell their congregants that homosexuality is a sin, and that the legislation, which is largely framed on a consumer-protection principle, put them in danger of being prosecuted for fraud.
But Judge Ronald A. Guzman said that the plaintiffs had not suffered any harm or injury, since the state had not to date actually intervened with their pastoral work. "… [Persons] who have only speculative fears that a statute will be applied against them are not appropriate plaintiffs," wrote Guzman in his decision.
Plaintiffs in the lawsuit included Pastors Steven K. Stultz, Frank Teesdale, Brenda Bravatty and Arthurine Wilkinson. Lead attorney on the case was John Mauck of the Chicago law firm Mauck & Baker, which specializes in church-related litigation. Mauck has long opposed YMHPA; just days after it passed, an attorney from his firm announced in conservative media that they would look to for pro bono work opposing it.
In a Feb. 17 statement, Mauck lauded the rulingthough his clients lostsaying that Guzman's ruling said pastors were not subject to consumer-protection oversights and were thus free to practice conversion therapy.
Indeed, Guzman wrote in his decision, "It is clear that the Act's only penalties apply to mental health professionals or to those who deceptively advertise conversion therapy for commercial purposes. Plaintiffs fit neither mold."
"… Illinois pastors can now feel less risk in telling counselees that Jesus can help them with unwanted same-sex attraction," said Mauck, who added, "Yesterday's ruling means men and women [and] girls and boys with unwanted same-sex attraction can receive reparative therapy help from pastors even though the law prevents them from obtaining it from licensed counselors."
Conversion therapy has long been discredited by numerous medical and psychiatric professional associations.