WASHINGTON — The Supreme Court on Tuesday invalidated a Colorado law prohibiting “conversion therapy” for LGBTQ+ minors. Colorado is among approximately two dozen states that have banned this debunked practice.
In a decision reached by an 8-1 majority, the Supreme Court sided with a Christian counselor who contended that the law restricting talk therapy infringed upon the First Amendment. Recognizing the law’s implications for free speech, the justices remanded the case to a lower court to determine if it meets a stringent legal standard that rarely succeeds.
Justice Neil Gorsuch, writing for the majority, stated that the law “censors speech based on viewpoint.” He emphasized that the First Amendment serves as a barrier against efforts to enforce uniformity in thought or speech in the United States.
Liberal Justices Elena Kagan and Sonia Sotomayor supported Gorsuch’s opinion. Kagan wrote that states similarly could not prohibit talk therapy affirming a minor’s sexual orientation or gender identity, noting that, by suppressing one side of a debate while supporting another, the constitutional issue becomes clear-cut.
In dissent, Justice Ketanji Brown Jackson argued for states’ rights to regulate health care, even if it involves incidental restrictions on speech. She warned that the decision could hinder states’ ability to regulate medical care in any form.
This ruling is part of a series of recent cases where the court has supported claims of religious discrimination while showing skepticism towards LGBTQ+ rights.
Counselor Kaley Chiles, backed by President Donald Trump’s Republican administration, argued that the law unfairly prevents her from providing voluntary, faith-based therapy for minors. Chiles maintains her methods differ from past “conversion therapy” practices, such as shock therapy. Her legal team claimed the ban makes it challenging for parents to find therapists willing to discuss gender identity without affirming transition.
Chiles expressed her intent to assist youths who wish to become comfortable with their bodies, stating, “Counselors should not be limited to promoting state-approved goals like gender transition, which often leads to harmful drugs and surgeries.”
Colorado countered by stating that its law permits extensive discussions on gender identity and sexual orientation and exempts religious ministries. The law specifically bans the use of therapy to “convert” LGBTQ+ individuals to heterosexuality or traditional gender roles, a practice that has been scientifically discredited and linked to severe harm.
Colorado argued that the law does not infringe on the First Amendment, as therapy differs from other forms of speech, being a type of health care that the state is obliged to regulate.
LGBTQ+ advocates criticized both the ruling and “conversion therapy.”
Polly Crozier, director of family policy at GLAD Law, stated, “This is a dangerous practice condemned by every major medical association in the country. Today’s decision does not change the science or the fact that conversion therapists who harm patients will still face legal consequences.”
The 2019 law includes the potential for fines and license suspension, though it has yet to be enforced against anyone. The ruling is likely to render similar laws in other states unenforceable.
Chiles was represented by the Alliance Defending Freedom, a conservative legal group that has been active in Supreme Court cases. The organization also represented a Christian website designer who successfully challenged Colorado’s anti-discrimination law because she refused to work with same-sex couples.
According to the Movement Advancement Project, which tracks policies affecting LGBTQ+ individuals, twenty-three states have laws barring health care providers from offering “conversion therapy” to minors, with another four states imposing some restrictions.
The Supreme Court agreed to review the case after the 10th U.S. Circuit Court of Appeals in Denver upheld the law. In contrast, the 11th U.S. Circuit Court of Appeals in Atlanta had previously struck down similar bans in Florida.
— Lindsay Whitehurst
