A majority of the Supreme Court indicated on Tuesday that it may rule against Colorado's ban on conversion therapy for minors. Several justices voiced their agreement with a licensed counselor from the state, asserting that the law infringes on her First Amendment rights. This case is poised to be one of the most significant issues addressed by the Supreme Court this year, focusing on whether states have the authority to ban a practice that has been widely discredited and is purported to “convert” individuals from homosexuality to heterosexuality or from transgender identities to cisgender identities.
According to Colorado officials, approximately half of the states in the U.S. have implemented bans on conversion therapy for minors. During a brief 90-minute session, several justices seemed to challenge the notion that the state can regulate talk therapy in the same manner it regulates medical practice. Chief Justice John Roberts highlighted previous Supreme Court rulings where the court refrained from establishing a distinct First Amendment approach to professional speech. He stated, “Just because they’re engaged in conduct doesn’t mean that their words aren’t protected.”
Kaley Chiles, the licensed counselor challenging the law, argues on these grounds. Chiles describes her practice as “faith-informed counseling,” which she contends is “speech only.” She emphasizes that her clients would voluntarily seek her services. Rejecting the label of conversion therapy, she articulates her mission as assisting clients in becoming “comfortable and at peace” with their bodies, rather than attempting to change their fundamental identities.
The Supreme Court's decision in this matter could have far-reaching implications for the legality of conversion therapy and the rights of mental health professionals to practice as they see fit. As this case unfolds, it is crucial for stakeholders, including mental health professionals, advocacy groups, and legal experts, to stay informed about developments. This story is ongoing and will be updated as more information becomes available.