The US Supreme Court agreed on Monday to decide on the constitutionality of state and local governments’ bans on “conversion therapy,” in a case from Colorado. Conversion therapy refers to the effort used to convert someone’s gender identity and sexual orientation. Conversion therapy was found by a 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 10th Circuit Court of Appeals, the justices reasoned that the law was enacted to regulate the health care profession and conduct of therapists rather than their speech. They stated that 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 Appeals determined that “the First Amendment permits states to regulate the professional practice of conversion therapy.”
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 fundamentally impact the lives of LGBTQ+ American children.
Since his election, President Donald 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.