In a historic 8-1 decision, the US Supreme Court on Tuesday struck down a Colorado law that banned psychiatrists from using “conversion” therapy aimed at changing an LGBTQ+ minor’s sexual orientation or gender identity, news agency Reuters reported.The court sided with Christian counselor Kelly Chiles, who argued that the law violated her First Amendment rights by restricting her ability to offer faith-based talk therapy to minors seeking help consistent with their religious beliefs.Justice Neil Gorsuch, writing for the majority, said that Colorado’s law “censors speech on the basis of viewpoint,” noting that Chiles’ therapy did not involve any physical intervention or medications. The ruling left open the possibility that the state could still prohibit extreme forms of conversion therapy, such as regressive physical practices, but it sent the case back to a lower court for further proceedings under strict free speech standards.The case highlights the tension between state authority to regulate health care and constitutional protections of free speech. Colorado argued that the law protects minors from harmful practices, while Chiles and his supporters argued 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 ban conversion therapy for minors.
what is conversion therapy
Conversion therapy, also called reparative therapy or “gay cure” therapy, attempts to change a person’s sexual orientation or gender identity. Methods may include talk therapy, prayer, or other interventions. Extreme practices involve physical harm, but most modern cases involve counseling sessions or faith-based guidance. Medical groups warn that these practices are ineffective and can cause permanent psychological damage.
Why did Colorado ban it?
Colorado passed a law in 2019 to protect minors from psychological harm. Licensed therapists are prohibited from trying to make LGBT youth heterosexual or conform to traditional gender roles. Supportive therapy, such as helping minors explore their identity or accept themselves, is allowed. Violations of the law can result in a fine of up to US$5,000.
Supreme Court’s decision and implications
The Supreme Court found that the law violated the protection of freedom of expression. Supporters of the decision say it protects counselors’ right to express certain viewpoints, while critics warn it could expose LGBTQ+ minors to harmful practices. Justice Ketanji Brown Jackson dissented, arguing that medical professionals who speak to minors should face stricter regulation than ordinary speech. The decision could lead to new legal challenges against similar bans in other states.