The Supreme Court has agreed to hear a First Amendment challenge to a Colorado law that bans conversion therapy for LGBTQ minors.
This decision raises the possibility that the Court’s conservative majority could overturn these bans, potentially allowing licensed therapists in Colorado and over 20 other states to resume practices aimed at changing a patient’s sexual orientation or gender identity.
What is Conversion Therapy?
Conversion therapy refers to medically discredited practices intended to alter or suppress an individual’s sexual orientation or gender identity. Historically, methods included extreme measures like brain surgery and electric shocks. Today, it often occurs within socially or religiously conservative settings, where homosexuality and gender nonconformity are incorrectly viewed as mental disorders. Mainstream medical and psychological organizations reject this view. Estimates suggest nearly 700,000 LGBTQ adults in the U.S. have undergone conversion therapy.
Is Conversion Therapy Effective?
No. Research, including a U.K. government review and studies by the American Psychological Association and Cornell University, consistently shows that conversion therapy does not change sexual orientation or gender identity. These studies liken claims of successful conversion to “faith healing.”
What Are the Harms?
Studies demonstrate that conversion therapy causes significant harm. A 2002 study found that 77% of participants experienced negative effects like depression, anxiety, and lowered self-esteem. Additionally, studies indicate a high rate of suicidal attempts among LGBTQ individuals who have undergone conversion therapy.
Legal Landscape of Conversion Therapy
Currently, 22 states and the District of Columbia have laws banning conversion therapy for minors by licensed mental health professionals. Five additional states have partial bans, and three are under preliminary injunctions. Religious providers and adult patients are often exempt from these bans.
The Colorado Case
Colorado’s 2019 law prohibits licensed therapists from performing conversion therapy on minors, promoting instead treatments that offer acceptance and support. Religious ministers are exempt. Kaley Chiles, a licensed therapist with conservative Christian beliefs, is challenging the law, arguing it violates her First Amendment rights to free speech and religious exercise.
An appeals court upheld the ban, citing the harm caused by conversion therapy. However, Chiles’s lawyers, from Alliance Defending Freedom, argue that the law censors private conversations and imposes the government’s biased views on clients.
What’s at Stake?
The Supreme Court’s decision could significantly impact the legality of conversion therapy bans nationwide. While the Court previously declined to hear a similar case, the current focus on transgender issues may influence the outcome.
