The Supreme Court on Monday agreed to review the legality of a Colorado law that prohibits licensed mental health professionals from making any verbal attempts to change the sexual orientation or gender identity of children identifying as part of the LGBT community.
Kaley Chiles, a licensed counselor and practicing Christian, is challenging the so-called conversion therapy law. She argued that it violates her First Amendment rights and said the ban unfairly restricts therapists from discussing certain viewpoints with clients who voluntarily seek their guidance.
Chiles, who is represented by the religious legal group Alliance Defending Freedom, contended that laws such as Colorado’s “silence counselors’ ability to express views their clients seek.” However, state officials argued that it aims to block counselors from making any attempts to sway their clients’ sexuality or gender preference. Officials further said it constitutes a form of medical treatment, not protected speech, and that the government has the authority to regulate harmful practices.
Lower courts have sided with Colorado. The 10th U.S. Circuit Court of Appeals ruled that the law regulates professional conduct rather than speech and that the state has a legitimate interest in protecting minors from unsafe therapeutic practices. The court cited evidence that conversion therapy is harmful and lacks scientific credibility.
Chiles’s petition argues that the lower courts applied the wrong legal standard.
In a similar appeal rejected by the high court in 2023, three Republican-appointed justices — Brett Kavanaugh, Samuel Alito, and Clarence Thomas — said they would have considered the case.
SUPREME COURT MAY DECIDE FATE OF ‘CONVERSION THERAPY’ BANS FOR CHILDREN
By agreeing to hear the case, Chiles v. Salazar, the justices are poised to issue a ruling that could have broad implications for similar laws in more than 20 states.
It is not clear whether the high court will review the Colorado law this term or in the fall term, which begins in October.