The national debate over conversion therapy has reached a critical juncture as the Supreme Court prepares to address a landmark case from Colorado. At stake is the constitutional balance between state authority to regulate medical practices and practitioners’ free speech rights, specifically regarding counseling aimed at LGBTQ+ youth.
Supreme Court to examine Colorado’s conversion therapy ban
The nation’s highest court has agreed to hear a challenge to Colorado’s law prohibiting conversion therapy for LGBTQ+ children, joining approximately 25 other states with similar bans. The case centers on Kaley Chiles, a Colorado Springs counselor, whose legal challenge is being spearheaded by Alliance Defending Freedom.
This decision comes amid conflicting rulings from federal appeals courts. While the 10th Circuit Court in Denver upheld Colorado’s ban, the 11th Circuit Court in Atlanta struck down similar local prohibitions in Florida, creating a legal landscape that demands Supreme Court clarification.
Legal arguments and precedents
Chiles’ legal team argues that her practice does not attempt to “cure” same-sex attractions or “change” clients’ sexual orientation. The state of Colorado maintains that its law specifically targets professional conduct, citing “overwhelming evidence that efforts to change a child’s sexual orientation or gender identity are unsafe and ineffective.”
The case bears similarities to a 2018 Supreme Court decision where justices ruled 5-4 against California’s requirement for anti-abortion crisis pregnancy centers to provide abortion information.
Broader context of LGBTQ+ rights
The case emerges during a period of significant legal activity surrounding LGBTQ+ rights. The Supreme Court is currently deliberating on Tennessee’s restrictions on transgender minor treatment, while the federal government has seen policy shifts including changes affecting transgender military service and healthcare funding.
The Supreme Court previously declined to hear a similar challenge in 2023, though three justices – Samuel Alito, Brett Kavanaugh, and Clarence Thomas – indicated their willingness to consider the issue. The case will be heard in the court’s next term, beginning October 2024.
