Supreme Court Hears Challenge To Colorado’s Ban On ‘Conversion Therapy’

The Supreme Court appears set to reject Colorado’s state law prohibiting the harmful practice of so-called “conversion therapy” (also known as ‘reparative therapy’) for minors which purports to change a young person’s sexuality or gender identity.

Colorado’s “Minor Conversion Therapy Law, “passed in 2019, bans licensed physicians or registered mental health care providers from attempting to change “behaviors or gender expressions or to eliminate or reduce sexual or romantic attraction or feelings toward individuals of the same sex” in minors.

Kaley Chiles is a licensed therapist and evangelical Christian, who says she wants to help teens regarding their sexual orientation and gender dysphoria. She says the state’s ban violates her First Amendment right of free speech.

Chiles is being represented by the anti-LGBTQ hate group Alliance Defending Freedom. In 2003, the ADF petitioned the Supreme Court to keep homosexuality criminalized.

Some right-wing religious groups promote the concept that an individual can change their sexual orientation or gender identity through so-called “conversion” therapy,” as a means to underscore their belief that being gay is a “choice” and if so, the gays could just stop their sinful ways if they wanted to.

Lawyers for Colorado argue that the Supreme Court long has held states can regulate professional conduct of medicine to safeguard patients from substandard care, even if the rules impinge on speech.

Being LGBTQ isn’t a disease and it’s not something that a therapist should be trying to “fix.” Numerous studies have found “conversion therapy” unsafe and ineffective, leading to higher rates of attempted suicide among gay and lesbian youth, self-esteem issues and depression.

The dangerous practice been rejected by every mainstream medical and mental health organization for decades including the American Academy of Pediatrics, the American Medical Association, and the American Psychiatric Association.

The Washington Post is following the arguments back and forth here (gift link). The WaPo legal reporters’ takeaway seems to be the conservative majority sounded deeply skeptical Tuesday about the ban.

Award-winning legal expert Chris Geidner, who follows LGBTQ legal issues, agrees that the Supreme Court appears likely to strike down the law.

The case could have wide impact — about 30 states have laws similar to Colorado’s.

You can listen to the oral arguments via PBS below.


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