The Supreme Court announced it will hear a case challenging a law that forbids mental health professionals from practicing conversion therapy. In 2019, Colorado banned this widely discredited practice to protect LGBTQ+ youth from its harms. However, Chiles v. Salazar, slated for oral arguments in the fall, argues the ban violates free speech and religious freedom for mental health practitioners and their clients seeking faith-based counseling. If the Supreme Court strikes down the state’s ban, there could be far-reaching consequences, not just for Colorado, but for the legality of conversion therapy bans across the country.
Colorado is one of more than 20 states, including Oregon and New Jersey, that prohibit conversion therapy for minors. The ban was signed into law in 2019 by Democratic Governor Jared Polis, the first openly gay man elected governor in the United States. House Bill 19-1129 defines conversion therapy as “any practice or treatment … that attempts or purports to change an individual’s sexual orientation or gender identity.” The law exempts clergy or religious counselors acting within their ministry. At the time of its passage, Polis called conversion therapy “a torturous practice that has long been discredited by medical and mental health professionals.”
Professional organizations like the American Psychological Association (APA), the American Psychiatric Association, and the American Academy of Pediatrics have concluded that not only is the “treatment” ineffective, but it also poses significant risks to patients. Outdated methods of conversion therapy once included electroshock therapy, chemical castration, and lobotomies.
While these extreme practices have largely been abandoned, modern conversion therapy often takes the form of talk therapy or faith-based counseling aimed at suppressing or changing a person’s sexual orientation or gender identity. Studies have shown that these methods do not change a person’s identity but instead lead to increased anxiety, depression, and suicidal tendencies among queer and trans youth.
According to court papers, Chiles, a practicing Christian, “believes that people flourish when they live consistently with God’s design, including their biological sex.” She contends the ban infringes upon her First Amendment rights to free speech and religious exercise. Her lawsuit is backed by the Alliance Defending Freedom (ADF), the same group that won 303 Creative LLC v. Elenis, a case that let a Colorado web designer refuse services to same-sex couples. Chiles argues that the law prevents her from providing faith-based counseling.
This case comes amid the steady and sure rollout of Project 2025 policy recommendations, which aim to roll back rights and protections for trans and queer youth and adults. With a conservative supermajority on the U.S. Supreme Court, advocates worry this case could be a significant turning point in dismantling LGBTQ+ protections at a national level.
SOURCES
https://www.vox.com/scotus/403248/supreme-court-conversion-therapy-lgbtq-chiles-salazar
https://www.cbsnews.com/news/supreme-court-colorado-conversion-therapy