A Colorado law banning so-called conversion therapy to “cure” minors of being gay or transgender was scrutinized Tuesday in arguments before the U.S. Supreme Court, which is considering whether the ban on the therapy is a violation of free speech.
In a spirited debate that lasted about 90 minutes, the conservative justices on the 6-3 conservative-majority court seemed to agree with a Christian counselor in Colorado Springs who initiated the case.
Kaley Chiles offers talk therapy, not aversion therapy, like shock treatments or inducing vomiting, which means she has the right to continue under the First Amendment, she claims. The therapist “believes that people flourish when they live consistently with God’s design, including their biological sex,” according to court filings.
“Many of her clients seek her counsel precisely because they believe that their faith and their relationship with God establishes the foundation upon which to understand their identity and desires,” wrote Chiles’ attorney, James A. Campbell, from the Alliance Defending Freedom. “But Colorado bans these consensual conversations based on the viewpoints they express.”
Colorado banned conversion therapy for minors in 2019 in response to a youth mental health crisis and “overwhelming evidence” that attempts to change a child’s sexual orientation or gender identity can lead to increased depression and suicide. More than 20 states have similar laws preventing conversion therapy for children, which means the ruling in the Colorado case could affect nearly half of the nation.
Chiles’ attorney argued before the court that she is not attempting to “cure” people who do not want to be LGBTQ, but that many people come to her for help because their gender dysphoria or sexual orientation do not align with their religious values.
Liberal Justice Sonia Sotomayor noted that Colorado, six years since passing the law and three years since the legal challenge was filed, had not enforced it, and questioned whether the type of talk therapy Chiles provides would even be prohibited by the state ban.
In response, Campbell said Colorado is currently investigating anonymous allegations against Chiles’ practice.
At least 12 research studies have found that conversion therapy causes harm, Colorado argues in the case. One study, including 27,000 transgender adults, found that receiving conversion therapy at any time in their life led to higher levels of psychological distress and suicide attempts, as well as a loss of faith in religious institutions.
Colorado Attorney General Phil Weiser was in Washington, D.C., for the hearing. The Colorado solicitor general was handling arguments for Colorado, however.
“We feel really good about the way we’ve made the argument,” Weiser said Monday. “The history of the United States is one where states have been able to protect patients from substandard health care, and that’s the issue before the court. If, for the first time ever, they create a First Amendment challenge that will exempt professionals from regulation, from malpractice, that’s a huge Pandora’s box.
“That’s the key point we’re making, and the court needs to think long and hard. Don’t open up Pandora’s box.”
Several religious based groups, including the James Dobson Family Institute in Colorado Springs, filed briefs in support of the Colorado therapist.
“Colorado law bars licensed counselors from engaging in talk therapy based on Biblical truth,” said a brief from the institute. “This heavy-handed government censorship prevents parents and their children from learning about the dangerous consequences of immoral choices. Colorado has adopted the viewpoint that people can change their sex. This contradicts biological and Biblical truth.”
The court is expected to decide on the case by June. If it decides that the Colorado law infringes on free speech, the court could strike down the state law, or it could return the case to a lower court for the most demanding level of judicial review, called strict scrutiny. That most often happens in cases about laws that make distinctions based on the content of the speech in question, in this case, talk therapy. The 10th U.S. Circuit Court of Appeals in Denver had upheld the state law.
Tuesday’s arguments came about four months after the U.S. Supreme Court upheld a law in Tennessee that banned gender-transition care for minors.
Colorado Gov. Jared Polis signed legislation in May that codifies health insurance coverage for gender-affirming care. In 2023, Colorado became the first state in the nation to explicitly include gender-affirming care in its health insurance plan.
In another Colorado case in 2023, the U.S. Supreme Court decided that a Christian graphic artist who wanted to design wedding websites could refuse to work with same-sex couples. Like Chiles, the plaintiff in that case was also represented by the Alliance Defending Freedom.
Staff writer Jesse Paul contributed to this report.