The Dutch Parliament passed legislation on June 16, 2026, criminalizing conversion therapy, with the Upper House approving the bill by a 57-18 vote. The new law, titled Wet strafbaarstelling conversiehandelingen, subjects violators to fines of up to €27,500 and potential two-year prison sentences. This move aligns the Netherlands with a growing number of European Union nations adopting criminal sanctions against practices intended to alter an individual’s sexual orientation or gender identity.
How does the Dutch law compare to international standards?
The Dutch legislation reflects a broader European trend toward formalizing bans on conversion practices. According to the European Parliamentary Research Service, eight European Union member states have already enacted national bans. The Council of Europe, in a January 2026 resolution, explicitly urged all member states to implement similar criminal sanctions. This contrasts with the United Nations, which issued a 2020 report calling for a global ban, citing evidence that these practices cause severe physical and psychological damage. While European bodies are moving toward criminalization, the global response remains fragmented, with many nations lacking any specific regulatory framework.
The American Psychiatric Association officially removed homosexuality from its Diagnostic and Statistical Manual (DSM) in 1973, marking a shift in medical consensus that sexual orientation is not a disorder requiring treatment.
What is the current state of conversion therapy bans in the United States?
The U.S. approach is characterized by a patchwork of state-level regulations rather than a unified federal policy. Data from the Movement Advancement Project indicates that 23 states and the District of Columbia currently prohibit licensed healthcare providers from subjecting minors to conversion therapy. Four additional states have partial restrictions in place. However, enforcement faces significant legal hurdles. In March 2026, the U.S. Supreme Court ruled in Chiles v. Salazar that “talk therapy” bans are subject to strict scrutiny, effectively striking down Colorado’s state-level restrictions. Similarly, the Sixth Circuit Court of Appeals blocked Michigan’s ban in Catholic Charities v. Whitmer, citing First Amendment free speech protections.
Why do legal frameworks differ between the U.S. and Europe?
The divergence stems primarily from differing interpretations of constitutional protections. In the U.S., legal challenges frequently center on the First Amendment, with courts like the Sixth Circuit and the Supreme Court weighing whether government bans infringe upon the speech rights of practitioners. Conversely, the European approach, as seen in the Netherlands, prioritizes the prevention of harm and the protection of individual human rights as defined by regional councils. While U.S. courts are currently trending toward prioritizing speech-based challenges, the European model is increasingly focused on the clinical and human rights consensus that the practice itself is medically discredited and harmful.
To track the evolving status of these laws in the U.S., monitor state-level legislative sessions, as the judicial trend toward “strict scrutiny” review is likely to prompt states to rewrite existing statutes to avoid First Amendment conflicts.
Frequently Asked Questions
- What constitutes conversion therapy under the new Dutch law? The law targets intrusive practices intended to change a person’s sexual orientation or gender identity, including hypnosis and exposure therapy.
- Are there federal bans on conversion therapy in the U.S.? No, there is currently no federal law prohibiting these practices.
- Why did the U.S. Supreme Court strike down the Colorado ban? The Court determined that regulations on “talk therapy” for minors must meet the strict scrutiny standard under the First Amendment, which the Colorado law failed to satisfy.
- What is the penalty for violating the Dutch law? Violators face a maximum fine of €27,500 and up to two years in prison.
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