Friday, March 14, 2025

Supreme Court to Decide Whether States Can Ban LGBTQ Conversion Therapy for Minors; U.S. Supreme Court Will Hear a Case Challenging Colorado’s Conversion Therapy Ban. Here’s What to Know

Supreme Court to decide whether states can ban LGBTQ conversion therapy for minors:
The Supreme Court decided Monday to take up a challenge to a Colorado law banning “conversion therapy” for minors who are struggling with their sexual orientation or gender identity.
Kaley Chiles, a Christian and a licensed therapist, is arguing that the Centennial State’s ban violates her First Amendment rights to free speech, while Colorado contends it can regulate medical treatments including talking cures.
“A private conversation is speech, not conduct,” attorneys for Chiles argued in their petition to the court. “That does not change just because one participant is a licensed counselor and the other her client.”
Colorado’s ban went into effect in 2019, and 26 other states have similar restrictions on the books, as do the District of Columbia and Puerto Rico.
Colorado’s law bars attempts “to change an individual’s sexual orientation or gender identity” or “to eliminate or reduce sexual or romantic attraction or feelings toward individuals of the same sex.”
“A professional’s treatment of her patients and clients is fundamentally different, for First Amendment purposes, from laypersons’ interactions with each other,” lawyers for Colorado have countered.
Motivating the law is widespread research suggesting that conversion therapy is ineffective at actually changing one’s sexual orientation. Critics also allege that it causes harm to vulnerable members of the LGBTQ community.
But Chiles, who is being represented by the Christian conservative legal advocacy group Alliance Defending Freedom, has disputed that, arguing that the widely cited studies “focused on nonconsenting minors treated with physical, aversive techniques.” --->READ MORE HERE
Andrew Kenney/CPR News
U.S. Supreme Court will hear a case challenging Colorado’s conversion therapy ban. Here’s what to know:
The U.S. Supreme Court has agreed to hear a freedom of speech case challenging Colorado’s statewide ban on conversion therapy for LGBTQ+ youth in its upcoming fall session.
The outcome of the case, expected in 2026, could either protect or roll back conversion therapy bans across the nation.
Colorado’s Minor Conversion Therapy Law prohibits all mental health professionals in the state from attempting to change a client’s sexual orientation or gender identity during therapy sessions. It also imposes penalties for those violating the law, including a $5,000 fine and the potential loss of their license.
The case before SCOTUS
Justices will review a case stemming from a 2024 lawsuit filed by Alliance Defending Freedom, a conservative law firm, on behalf of Colorado Springs counselor Kaley Chiles. It claimed that the state’s law, which passed in 2019, censors Chiles’ free speech by preventing her from counseling children who wish to affirm their biological gender identity and sexual orientation.
In a press conference Monday, Chiles said she believes the constitution protects her first amendment right to speak freely with her clients.
“I'm facing a serious challenge,” Chiles said. “This law silences diverse perspectives and interferes with my ability to serve my clients with integrity. Children today are struggling with complex issues and they need space to explore their feelings and concerns. Unfortunately, Colorado's law pushes them toward harmful medical interventions like drugs and surgeries by prohibiting supportive conversations that could help them navigate their struggles in a healthier way.”
Psychology organizations, including the American Psychological Association and the American Academy of Child and Adolescent Psychiatry, have denounced conversion therapy, which treats being gay or transgender as a mental illness.
“Coloradans place immense trust in medical providers and their researched-based care,” said Democratic Rep. Brianna Titone, Colorado’s first openly transgender state legislator. “Conversion therapy is purely pseudoscience and we should speak out against any cruel and concerted efforts to undermine protections for the LGBTQ+ community." --->READ MORE HERE
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