US Supreme Court agrees to decide on state bans on conversion therapy for LGBTQ+ children

The Supreme Court agreed to decide on the constitutionality of state and local governments’ ban on conversion therapy in a case from Colorado on Monday. Conversion therapy refers to the effort used to convert someone’s gender identity and sexual orientation. The ban on conversion therapy has been argued by the Court of Appeals to be harmful, unsafe, and ineffective health treatment.

Kaley Chiles, a counselor, filed the case at issue. She argues that the law violates her First Amendment rights to free speech and freely exercise her religion. At The Court of Appeal, the justices reasoned that the law was enacted to regulate the health care profession and conduct of therapists rather than their speech. They state that the court’s precedent makes it clear that “the First Amendment does not relieve professional health care providers from their responsibility to provide treatment consistent with their fields’ standards of care.” Moreover, The Court of Appeal determined that  “the First Amendment permits states to regulate the professional practice of conversion therapy.”

The Colorado Attorney General Phil Weiser, in opposition to the case, stated that:

In Colorado, we are committed to protecting professional standards of care so that no one suffers unscientific and harmful so-called gay conversion therapy. Colorado’s judgment on this is the humane, smart, and appropriate policy and we’re committed to defending it,

Ultimately, by the Supreme Court approving the petition to hear this case, the court will have the opportunity to make a binding precedent that will impact the laws surrounding free speech in America and fundamentally impact the lives of LGBTQ+  American children.

Since his election, President Trump has repeatedly targeted the LGBTQ+ community. He issued an executive order directing federal agencies to restrict access to gender-affirming medical care for transgender youth under age 19 and block federal funding for such treatments. The Human Rights Campaign (HRC) and Lambda Legal filed a lawsuit against Trump after he signed an executive order to ban transgender people from serving in the US Armed Forces.

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