Kamal Ghorui
In a landmark 8-1 ruling, the US Supreme Court on Tuesday struck down a Colorado law that banned psychotherapists 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 counsellor Kaley 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 Colorado’s law “censors speech based on viewpoint,” noting that Chiles’ therapy involved no physical interventions or medications. The ruling does leave open the possibility that the state could still restrict extreme forms of conversion therapy, such as aversive physical practices, but it sent the case back to a lower court for further proceedings under stricter free speech standards.The case highlights the tension between state authority to regulate healthcare and the constitutional protection of free speech. Colorado argued that the law protects minors from harmful practices, while Chiles and her supporters contended that the ban prevented counsellors from discussing certain values and goals with clients. The ruling may affect similar laws in more than 20 states that restrict 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 can include talk therapy, prayer, or other interventions. Extreme practices have involved physical harm, but most modern cases involve counseling sessions or faith-based guidance. Medical groups warn that these practices are ineffective and can cause lasting psychological damage.
Why Colorado banned it
Colorado passed the law in 2019 to protect minors from psychological harm. Licensed therapists are prohibited from trying to make LGBT youth heterosexual or to conform to traditional gender roles. Supportive therapy, such as helping minors explore their identity or accept themselves, is allowed. Violations of the law carry fines up to USD 5,000.
Supreme Court ruling and implications
The Supreme Court found that the law violated free speech protections. Supporters of the ruling say it safeguards counsellors’ 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 speaking to minors should face stricter regulation than ordinary speech. The decision may lead to new legal challenges against similar bans in other states.
