The U.S. Supreme Court announced Monday it will review a case from Colorado to determine whether state and local governments have the authority to enforce laws that ban conversion therapy for LGBTQ+ minors.
The case comes as the conservative-led court takes on a range of cases involving LGBTQ+ rights, including those related to transgender issues. This review follows several actions by former President Donald Trump targeting transgender individuals, such as a ban on transgender people serving in the military and a decision to halt federal funding for gender-affirming care for transgender minors.
The court has also heard arguments in a separate Tennessee case regarding whether state bans on treating transgender minors violate constitutional rights, but it has not yet issued a decision.
Colorado is one of approximately half of U.S. states that have laws prohibiting the practice of conversion therapy, a controversial technique aimed at changing a person’s sexual orientation or gender identity through counseling. The central issue in the case is whether such laws infringe upon the speech rights of counselors.
Proponents of the bans argue that these laws regulate the professional conduct of licensed counselors, ensuring that minors are not subjected to harmful or unproven therapy. Opponents, however, contend that these laws restrict free speech by limiting the ability of therapists to offer services based on their beliefs.
The 10th U.S. Circuit Court of Appeals in Denver upheld Colorado’s law, ruling it did not violate constitutional rights. Meanwhile, the 11th U.S. Circuit Court of Appeals in Atlanta struck down similar local bans in Florida, creating a split among federal appeals courts.
In 2023, the Supreme Court declined to review a similar challenge, despite the differing rulings from federal appeals courts. At that time, justices Samuel Alito, Brett Kavanaugh, and Clarence Thomas expressed interest in hearing the case, though the court requires four votes to grant review. It remains unclear which justice provided the necessary fourth vote for this new case to be heard.
The case will be argued during the court’s upcoming term, set to begin in October. The appeal was filed on behalf of Kaley Chiles, a counselor in Colorado Springs, by Alliance Defending Freedom (ADF), a conservative legal organization known for its involvement in high-profile social issue cases.
Chiles claims the law has forced her to turn away clients, although ADF lawyer Jim Campbell declined to specify how many clients were affected during a press call Monday. Chiles has argued that the law interferes with her ability to serve clients with integrity, as violations could result in fines of up to $5,000 and potential suspension or revocation of her professional license.
This case draws on a previous Supreme Court decision in 2018, where the justices ruled 5-4 that California could not require state-licensed crisis pregnancy centers to provide information about abortion services. Chiles’ legal team is leveraging that decision in their request for the court to hear the current case, emphasizing that Chiles does not seek to “cure” clients of same-sex attractions or alter their sexual orientation.
In response to the appeal, Colorado’s attorneys argued that the state law was aimed at regulating professional conduct, citing “overwhelming evidence” that efforts to change a child’s sexual orientation or gender identity through conversion therapy are both ineffective and unsafe.
The outcome of this case could have significant implications for the legal landscape surrounding LGBTQ+ rights and the regulation of counseling practices in the United States. As the Supreme Court prepares to take up the issue, advocates on both sides of the debate are closely watching the case, which could set a precedent for similar laws across the country.
