The U.S. Supreme Court has agreed to hear a challenge to Colorado’s ban on conversion therapy for minors, a discredited practice aimed at changing young people’s identities. The move could determine whether states can continue prohibiting a practice that medical experts have widely condemned as harmful and ineffective.
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The case, Chiles v. Salazar, was brought by Kaley Chiles, a licensed counselor in Colorado Springs, who argues that the state’s 2019 law violates her First Amendment rights. Represented by the far right-wing legal group Alliance Defending Freedom, Chiles contends that the ban censors her ability to offer what she describes as voluntary counseling for clients experiencing “same-sex attractions or gender identity confusion” who “prioritize their faith above their feelings.”
The Human Rights Campaign, which has long advocated for bans on conversion therapy, called the Supreme Court’s decision to hear the case a dangerous step.
“The Supreme Court’s decision to take up this case isn’t just about so-called 'conversion therapy' – it’s about whether extremists can use our courts to push their dangerous agenda in an effort to erase LGBTQ+ people and gut protections that keep our kids safe,” HRC President Kelley Robinson said in a statement.
“There’s no debate: so-called ‘conversion therapy’ is a dangerous practice, not therapy, and it has no place in our communities. These bans exist to protect LGBTQ+ children from harm—period.”
The International Rehabilitation Council for Torture Victims has categorized conversation therapy as a form of torture that LGBTQ+ people are uniquely in danger of.
Robinson warned that the attack on LGBTQ+ protections is part of a broader strategy by far-right activists. “The same people trying to legalize abuse under the guise of ‘therapy’ are the ones banning books, ripping away reproductive rights, and undermining our democracy. The Supreme Court must uphold the 10th Circuit decision finding that these laws are constitutional.”
Jaymes Black, CEO of the Trevor Project, which assists LGBTQ+ youth in crisis, issued this statement: "Conversion therapy is not actual therapy. It is a harmful, debunked practice that has been shown to more than double an LGBTQ+ young person's odds of attempting suicide in the past year. The Court should uphold laws that prohibit licensed professionals from using these dangerous practices -- just as federal courts have done for more than a decade. Counselors at the Trevor Project have heard from young people all across the country who are feeling anxious and afraid about how the current political environment will impact their lives. On November 6, 2024, the day after the presidential election, the Trevor Project saw a record-breaking 700% increase in contact volume across our classic crisis services. Right now, LGBTQ+ young people need more support, not more negative headlines.
"Conversion therapy has been denounced by every major medical and mental health association in the United States. To date, nearly 30 states have passed laws to protect young people from its harms, many with strong bipartisan support. Ending conversion therapy is not about partisan politics, and it is not about 'free speech.' Ending conversion therapy is about protecting young people from clear and proven psychological harm, and saving young lives."
Related: Kentucky bans conversion therapy for youth as Gov. Andy Beshear signs 'monumental' order
In her 280-page petition to the Supreme Court, Chiles claims the law unconstitutionally restricts her speech, arguing that it prevents her from discussing certain viewpoints with clients. “The government may not dictate what licensed speakers say or direct them to espouse only government-approved ideas,” her legal team wrote in its appeal.
Colorado officials, however, maintain that the law regulates professional conduct, not speech, and is necessary to protect minors from a practice that research has linked to increased risks of depression, self-harm, and suicide. The 10th U.S. Circuit Court of Appeals upheld the ban last year, ruling that the state has the authority to ensure mental health care does not cause harm.
The Supreme Court’s decision to hear the case comes amid a broader legal battle over LGBTQ+ rights. The justices are currently weighing U.S. v. Skrmetti, a challenge to Tennessee’s ban on gender-affirming medical care for transgender youth argued in December. In both cases, conservative activists are arguing that state lawmakers should have broad power to regulate medical treatments related to LGBTQ+ people.
Related: Wisconsin Supreme Court mulls veto of conversion therapy ban
Three conservative justices—Clarence Thomas, Samuel Alito, and Brett Kavanaugh—previously indicated they would have considered a similar case in 2023, the Associated Press reports.
The outcome of the case could have sweeping consequences for LGBTQ+ protections nationwide. Colorado is one of 20 states, along with the District of Columbia, that prohibit licensed professionals from subjecting minors to conversion therapy. However, in 2020, the 11th Circuit struck down bans in Florida, creating a split among federal courts.
Chiles’s attorneys argue that the Supreme Court must resolve that divide. “This Court’s review is needed to determine whether the First Amendment permits governments to censor conversations between counselors and clients simply because the government disfavors a particular viewpoint,” they wrote.
Related: Two Pulse survivors are now 'ex-gays' running a conversion therapy organization
Advocates for LGBTQ+ rights warn that a ruling in favor of Chiles could dismantle protections that have shielded minors from a practice that medical organizations — including the American Psychological Association, the American Medical Association, and the American Academy of Pediatrics — have repeatedly denounced as harmful.
The case will be heard during the Supreme Court’s next term, which begins in October.
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