In a landmark 8-1 ruling, the US Supreme Court on Tuesday struck down a Colorado law that prohibited psychotherapists from using “conversion” therapy aimed at changing the sexual orientation or gender identity of an LGBTQ minor, Reuters reported.The court sided with Christian counselor Callie Chiles, who said the law violated her First Amendment rights by restricting her ability to provide faith-based talk therapy to minors seeking help consistent with their religious beliefs.Justice Neil Gorsuch, writing for the majority, said Colorado law “censors viewpoint-based speech,” noting that Chiles’ treatment did not involve any physical interventions or medications. The ruling leaves open the possibility that the state could continue to restrict extreme forms of conversion therapy, such as abhorrent physical practices, but sent the case back to a lower court for further proceedings under stricter free speech standards.The case highlights the tension between the state’s power to regulate health care and constitutional protections for free speech. Colorado claimed the law protected minors from harmful practices, while Chiles and her supporters asserted that the ban prevented counselors from discussing certain values and goals with clients.
The ruling could affect similar laws in more than 20 states that restrict conversion therapy for minors.
What is conversion therapy?
Conversion therapy, also called reparative therapy or “gay therapy” therapy, attempts to change a person’s sexual orientation or gender identity. Methods can include talk therapy, prayer, or other interventions. Extremist practices involve physical harm, but most recent cases involve counseling sessions or religious instruction. Medical groups warn that these practices are ineffective and can cause permanent psychological damage.
Why did Colorado ban it?
Colorado passed the law in 2019 to protect minors from psychological harm. Licensed therapists are prohibited from attempting to heterosexualize LGBT youth or conform to traditional gender roles. Supportive therapy, such as helping minors explore their identity or accept themselves, is permitted. Violations of the law carry fines of up to $5,000.
Supreme Court ruling and its implications
The Supreme Court found that the law violated freedom of expression protections. Supporters of the ruling say it protects counselors’ right to express certain views, while critics warn it could expose LGBTQ+ minors to harmful practices. Judge Ketanji Brown-Jackson dissented, arguing that medical professionals who speak to minors should face more stringent regulation than ordinary speech. The decision may lead to new legal challenges against similar bans in other countries.
