The U.S. Supreme Court has agreed to hear a challenge to Colorado’s ban on conversion therapy, setting the stage for a ruling that could have nationwide repercussions for LGBTQ youth and their right to be protected from harmful, pseudoscientific practices.
The case is being brought by Kaley Chiles, a Christian therapist who claims that the law violates her First Amendment right to free speech. Her legal team, backed by the ultra-conservative Alliance Defending Freedom, argues that preventing counselors from attempting to change a minor’s sexual orientation or gender identity is tantamount to government censorship. In other words, Chiles and her supporters believe therapists should have the right to “help” LGBTQ youth suppress their identities—something that medical experts, LGBTQ organizations, and even many faith leaders have condemned as dangerous and unethical.
Colorado’s law, like those in more than 20 other states, is clear: conversion therapy is not healthcare. It is a form of psychological abuse that has been linked to increased rates of depression, anxiety, and suicide among LGBTQ youth. The state argues that the law regulates harmful medical conduct, not speech. “Colorado’s law protecting young people from unscientific and cruel gay conversion therapy practices is human, smart, and appropriate,” said state Attorney General Phil Weiser.
This case is particularly alarming because the Supreme Court has previously refused to hear challenges to similar bans. However, with its current conservative supermajority, the court has been increasingly willing to reconsider long-standing precedents on LGBTQ rights. Should the court rule in favor of Chiles, it could gut existing conversion therapy bans nationwide, opening the door for more states to allow so-called therapists to peddle harmful, discredited treatments to vulnerable queer youth.
The religious right, of course, is framing this as a battle for free speech and religious freedom. Their argument leans heavily on a 2018 Supreme Court decision that struck down a California law requiring anti-abortion pregnancy centers to inform clients about abortion options. But LGBTQ advocates argue that allowing therapists to push conversion therapy under the guise of “speech” ignores the real-world consequences: young people being forced into trauma-inducing programs that tell them their very existence is a problem to be fixed.
This case, set to be argued in the Supreme Court’s next term, is about more than just Colorado. It’s about whether the highest court in the land will stand up for the rights of LGBTQ youth—or side with those who want to erase them.