WASHINGTON — A majority of Supreme Court justices on Tuesday seemed to lean in favor of a Colorado Christian counselor challenging bans on LGBTQ+ “conversion therapy” for kids as a violation of her First Amendment rights.
Kaley Chiles, with support from President Donald Trump’s administration, argues the laws passed in Colorado and about half of U.S. states wrongly bar her from offering voluntary, faith-based therapy for kids.
Colorado, on the other hand, says the measure simply regulates licensed therapists by barring a practice that’s been scientifically discredited and linked to serious harm.
But the court’s conservative majority didn’t seem convinced that states can restrict talk therapy aimed at changing feelings or behavior while allowing counseling that affirms kids identifying as gay or transgender. Justice Samuel Alito said the law “looks like blatant viewpoint discrimination.”
The arguments come months after the court found other states can ban transition-related health care for transgender youths, a setback for LGBTQ rights. The justices are also expected to hear a case about sports participation by transgender players this term.
State says therapy is health care and subject to regulation
Colorado has not sanctioned anyone under the 2019 law, which exempts religious ministries. State attorneys say it still allows any therapist to have wide-ranging, faith-based conversations with young patients about gender and sexuality.
“The only thing that the law prohibits therapists from doing is performing a treatment that seeks the predetermined outcome of changing a minor’s sexual orientation or gender identity because that treatment is unsafe and ineffective,” Colorado state attorneys wrote.
Therapy isn’t just speech, they said — it’s health care that governments have a responsibility to regulate. Violating the law carries potential fines of $5,000 and license suspension or even revocation.
Linda Robertson is a Christian mom of four from Washington state whose son Ryan underwent therapy that promised to change his sexual orientation after he came out to her at age 12. The techniques led him to blame himself when it didn’t work, leaving him ashamed and depressed. He died in 2009, after multiple suicide attempts and a drug overdose at age 20.
“What happened in conversion therapy, it devastated Ryan’s bond with me and my husband,” she said. “And it absolutely destroyed his confidence he could ever be loved or accepted by God.”
Chiles contends her approach is different from the kind of conversion therapy once associated with practices like shock therapy decades ago. She said she believes “people flourish when they live consistently with God’s design, including their biological sex,” and she argues evidence of harm from her approach is lacking.
Chiles says Colorado is discriminating because it allows counselors to affirm minors coming out as gay or identifying as transgender but bans counseling like hers for young patients who may want to change their behavior or feelings. “We’re not saying this counseling should be mandatory, but if someone wants the counseling they should be able to get it,” said one of her attorneys, Jonathan Scruggs.
The Republican administration said there are First Amendment issues with Colorado’s law that should make the law subject to a higher legal standard that few measures pass.
Similar laws also face court challenges
Chiles is represented by Alliance Defending Freedom, a conservative legal organization that has appeared frequently at the court in recent years. The group also represented a Christian website designer who doesn’t want to work with same-sex couples and successfully challenged a Colorado anti-discrimination law in 2023.
The group’s argument in the conversion therapy case also builds on another victory from 2018: A Supreme Court decision found California could not force state-licensed anti-abortion crisis pregnancy centers to provide information about abortion. Chiles should also be free from that kind of state regulation, the group argued.
Still, the Supreme Court has also found that regulations that only “incidentally” burden speech are permissible, and the state argues that striking down its law against conversion therapy would undercut states’ ability to regulate discredited health care of all kinds.
The high court agreed to hear the case after the 10th U.S. Circuit Court of Appeals in Denver upheld the law. Another appeals court, the 11th U.S. Circuit Court of Appeals in Atlanta, has struck down similar bans in Florida.
Legal wrangling has continued elsewhere as well. In Wisconsin, the state’s highest court recently cleared the way for the state to enforce its ban. Virginia officials, by contrast, have agreed to scale back the enforcement of its law as part of an agreement with a faith-based conservative group that sued.
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