The US Supreme Court has ruled against a Colorado law that prohibited psychotherapists from using “conversion” talk therapy for LGBT minors to alter their sexual orientation or gender identity. The decision, with an 8-1 majority, overturned a lower court ruling in a case brought by Kaley Chiles, a licensed Christian counselor who challenged the law on the basis of free speech.
Justice Neil Gorsuch, writing the opinion, rejected Colorado’s argument that the law was aimed at regulating professional conduct rather than protected speech. The Court left open the possibility of the law applying to certain forms of conversion therapy but not to the specific speech in Chiles’ case.
Colorado’s law, according to Gorsuch, goes beyond banning physical interventions and censors speech based on viewpoint, which violates the First Amendment. The case has been sent back to the lower court for further proceedings under a stricter First Amendment standard.
The dissenting voice came from Justice Ketanji Brown Jackson. The law was signed by Colorado Governor Jared Polis, the first openly gay man to be elected as a US state governor, in 2019. The Trump administration supported Chiles in challenging the law.
The dispute centers on Colorado’s efforts to prohibit what it deems as unsafe and ineffective healthcare practices against the backdrop of First Amendment protections. Colorado is among more than 25 states and the District of Columbia that have restrictions on conversion therapy for individuals under 18.
The law prohibits licensed mental health providers from attempting to change a minor’s sexual orientation or gender identity toward a predetermined outcome, with fines of up to $5,000 per violation. Exceptions are made for treatments aiding gender transition and therapies focusing on identity exploration and development.
Chiles, a Christian, believes in adhering to what she sees as God’s design, including biological sex. Represented by the Alliance Defending Freedom, she argued against the law that restricts counselors from assisting minors in gender and sexuality issues.
During the court proceedings, arguments centered on whether the law regulates conduct or speech. The Supreme Court is set to rule on other cases involving LGBT issues, including challenges to state laws on transgender athletes and parental rights regarding transgender students’ gender identity information.