The United States Supreme Court has agreed to hear a challenge to the ban on conversion therapy which the practice of which aims to forcibly change LGBTQ+ youth’s sexualities or gender identities to what is considered the social norm. This challenge comes from Colorado, which is in spite of the court’s rejection of appeals to such laws, with the most recent rejection being in Dec. 2023 in regard to Washington’s ban on the practices.
Kaley Chiles, who brought this appeal to the court, is described in the court’s Questions Presented report as a “licensed counselor who helps people by talking with them” and someone who “believes that people flourish when they live consistently with God’s design, including their biological sex.”
Chiles claims that the state’s ban on conversion therapy, and thus her being disallowed to recommend it to clients, violates rights afforded to her by the First Amendment, while the state claims its regulation is regarding professional conduct, not speech.
Specifically, the report describes the question presented as “whether a law that censors certain conversations between counselors and their clients based on the viewpoints expressed regulates conduct or violates the Free Speech Clause.”
Colorado is among more than 20 states with bans on conversion therapy.
These practices, also known as Sexual Orientation Change Efforts, or SOCEs, have been banned due to an overwhelming lack of credible research to back its benefits or legitimacy, with the APA stating that “it is unlikely that individuals will be able to reduce same-sex attractions or increase other-sex sexual attractions through SOCE.” These practices are also widely known to have significant negative impacts on a person’s mental and physical health.
The case is expected to be heard during the Supreme Court’s next term in October.
