The Supreme Court just heard opening arguments in a case that could have a sweeping impact on the rights of counselors and LGBTQ+ youth across the nation.
The case, Chiles v. Salazar, centers on Colorado’s ban on conversion therapy, the controversial practice of counseling LGBTQ+ minors to influence or change their sexual orientation.
More than two dozen states currently enforce bans or strict limitations on the practice, which the medical community broadly regards as ineffective at best and deeply harmful at worst.
Now, one Christian therapist claims that Colorado’s ban is an unconstitutional violation of her free speech – and it seems likely that the nation’s highest court may be sympathetic to her argument.
Chiles v. Salazar Explained
The case is being brought by Colorado-based mental health therapist Kaley Chiles, an evangelical Christian who argues that the state is hindering her First Amendment rights. “It seemed like an invasion for the state to kind of be peering into our private counseling sessions,” she explained. “My speech is being censored because my clients are not able to see me and make certain goals that the state does not endorse.”
Chiles's attorneys claim that Colorado bars therapists from “helping minors pursue state-disfavored goals on issues of gender and sexuality” and censors “widely held views on debated moral, religious and scientific questions."
Chiles says that under the state's rules, she is forced to affirm LGBTQ+ kids in their sexuality – even if they that's not what they want.
For example, Chiles argues, under the law she can’t help children eliminate unwanted same-sex attraction, or help kids experiencing gender dysphoria grow comfortable with their bodies (as opposed to embracing a transgender identity).
“The problem is that the state has decided that my clients are not allowed to make certain goals,” Chiles stated. “People are struggling and suffering now because counselors like myself are not able to serve them without taking some pretty serious risks.”
The current law in Colorado only applies to licensed therapists acting in a professional capacity, meaning it doesn't place restrictions on the speech of unlicensed religious therapists, nor does it impact private conversations between friends and family on same-sex attraction or gender identity.
Is Conversion Therapy an Accepted Practice?
Chiles says she wants to help struggling kids. However, many within her own profession view conversion therapy not just as misguided – but dangerous.
“The American Counseling Association (ACA) opposes the practice of conversion therapy and advocates for the banning of such practices in the United States,” reads a statement by the organization. “Extensive research has demonstrated that conversion therapy is a harmful and damaging practice for clients, often resulting in psychological trauma and distress.”
Critics (including the ACA and other leading counseling organizations) allege that forcing minors to change their gender identity or sexual orientation leads to depression, anxiety, and even suicidal thoughts.
What Are the Justices Saying?
However, based on the case's initial arguments, members of the Supreme Court aren't sure the issue is so clear-cut.
A number of justices appeared skeptical about the constitutionality of Colorado's law:
- Justice Samuel Alito said the law “looks like blatant viewpoint discrimination.”
- Justice Neil Gorsuch appeared concerned Colorado's law doesn't hold up to historical scrutiny; for example, he questioned whether it could have prohibited therapists from affirming a gay patient’s sexual orientation back when the medical community considered homosexuality to be a form of mental illness.
- Justice Amy Coney Barrett asked for more evidence that conversion therapy causes harm to minors.
We won’t know the Supreme Court’s ruling until next year, but opponents of conversion therapy worry that the Court may continue its trend of siding with religious plaintiffs and expanding limits on religious freedom.
Can You (Legally) “Pray the Gay Away”?
On the one hand, you have a counselor insisting the state is overreaching in its powers to regulate speech. The government "has no business censoring private conversations between clients and counselors," Chiles argues.
Yet Colorado argues that states have long regulated healthcare to promote the wellbeing of patients. They say all their conversion therapy ban is doing is “[prohibiting] a specific healthcare treatment that violates the standard of care.” This is no different than “barring doctors from urging lung cancer patients to take up smoking,” Colorado says.
What is your prediction for the case? Should conversion therapy be legal?
conversion therapy is never a good idea its just ridiculous, and harmful no matter what, its a barbaric practice and enforcing a horrible ideal that is just not good for patients ill always advocate against it 100%