Missouri AG, Counselors Appeal Local Conversion Therapy Bans to Eighth Circuit
Missouri’s attorney general and two counselors are appealing local conversion therapy bans to the Eighth Circuit.
Why it matters: A federal appellate decision will clarify whether local governments can lawfully restrict counseling about sexual orientation and gender identity, setting precedent for therapy practices—and speech rights—for minors nationwide.
- Jackson County Ordinance 5634 bans counseling to change minors' sexual orientation or gender identity, enacted in April 2023.
- Attorney General Andrew Bailey, with Wyatt Bury and Pamela Eisenreich, filed the appeal (Bury v. Jackson County, No. 25-1182, 8th Cir.).
- The suit asserts that bans unlawfully restrict counselors’ speech under the First Amendment.
- American Psychiatric Association and other medical groups oppose conversion therapy, citing harm (see <a href="https://www.apa.org/topics/lgbtq/orientation" target="_blank" rel="noopener">APA policy</a>).
Missouri Attorney General Andrew Bailey, joined by licensed counselors Wyatt Bury and Pamela Eisenreich, is challenging local bans on what’s known as "conversion therapy"—practices aimed at changing a minor’s sexual orientation or gender identity. The suit targets Jackson County Ordinance 5634 and similar Kansas City ordinances, which prohibit these therapies for minors and impose a $500 fine per violation.
- The plaintiffs argue these ordinances violate the First Amendment by restricting the content of private, consensual counseling sessions. Their brief in Bury v. Jackson County, No. 25-1182 (8th Cir.) states: “Governments cannot dictate the content of private conversations. Nor can they deprive willing listeners of information they seek.”
- Conversion therapy, often involving talk therapy techniques, has been discredited by the American Psychiatric Association and other major medical groups, which warn of psychological harm to minors.
- Plaintiffs previously filed suit in the U.S. District Court for the Western District of Missouri, which upheld the ordinances in late 2024. The current appeal brings the dispute to the Eighth Circuit, with oral arguments set for May 2026.
The outcome could reshape how local governments—both in Missouri and across states under the Eighth Circuit—may regulate or restrict counseling around sexual orientation and gender identity, testing the outer limits of professional speech regulation under the First Amendment.
By the numbers:
- $500 — Maximum fine for violating Jackson County Ordinance 5634
- April 3, 2023 — Date Jackson County enacted its conversion therapy ban
Yes, but: While major medical organizations oppose conversion therapy, some critics argue that categorical bans infringe on constitutional speech rights, setting up a clash between medical consensus and legal doctrine.
What's next: Oral arguments in Bury v. Jackson County are set for May 2026 before the Eighth Circuit.