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Supreme Court to Review Colorado’s Conversion Therapy Ban for 2SLGBTQ+ Youth
On Monday, the U.S. Supreme Court announced its decision to hear a pivotal case from Colorado concerning the legality of state and local laws that prohibit conversion therapy aimed at 2SLGBTQ+ minors. This announcement comes at a time when transgender rights are facing increased scrutiny and legislative action at the federal level, particularly under the administration of former President Donald Trump, who implemented policies that many argue adversely affect transgender individuals.
The Supreme Court is already considering a related case from Tennessee, which raises questions about whether state prohibitions on treatments for transgender minors may breach constitutional protections. However, the Court has yet to render a decision in that matter.
Approximately half of the states in the U.S., including Colorado, have enacted laws banning conversion therapy, a practice widely discredited for attempting to alter an individual’s sexual orientation or gender identity through psychological interventions. Major psychological and counseling organizations in both Canada and the United States have condemned conversion therapy as neither effective nor safe.
Central to the debate in Colorado is whether the ban infringes upon the free speech rights of counselors. Proponents of the legislation contend that it is within the state’s mandate to regulate professional conduct among licensed practitioners.
The 10th U.S. Circuit Court of Appeals upheld Colorado’s law, contrasting the 11th U.S. Circuit Court of Appeals, which invalidated similar local measures in Florida. In a related development, the Supreme Court declined to hear a similar case in 2023, despite a division among federal appeals courts on the issue.
At that time, Justices Samuel Alito, Brett Kavanaugh, and Clarence Thomas expressed interest in revisiting the issue, although it requires a minimum of four justices to approve a case for review. The court typically does not disclose voting patterns at this preliminary stage.
The case is set to be argued during the new court term beginning in October. It centers around an appeal from Kaley Chiles, a counselor based in Colorado Springs, represented by the conservative legal organization Alliance Defending Freedom (ADF). This organization has actively participated in various high-profile social issue cases before the Supreme Court.
According to ADF attorney Jim Campbell, Chiles has found it necessary to decline clients due to the constraints imposed by the law; however, he did not specify the number affected. Chiles herself has articulated that the law impairs her ability to assist clients effectively, citing potential penalties including fines up to $5,000 and the risk of losing her professional license.
WATCH |MPs Unanimously Pass Ban on Conversion Therapy:
House unanimously passes ban on conversion therapy
In a show of unity, members of parliament enacted a ban on conversion therapy, a controversial practice intended to alter an individual’s sexual orientation.
In a previous case, the Supreme Court reached a 5-4 decision in 2018, establishing that California could not compel state-licensed anti-abortion pregnancy centers to offer information about abortion services. Chiles’s legal representation has drawn parallels to this case, arguing that her goal is not to change clients’ sexual orientations but rather to provide professional services.
Conversely, Colorado’s lawyers contend that the legislative measures reflect a commitment to safeguard children, relying on substantial evidence indicating that attempts to change a minor’s sexual orientation or gender identity can be harmful and ineffective.
WATCH | One Man’s Fight Against Conversion Therapy:
‘Exhausting and Heartbreaking’: One Man’s Fight Against Conversion Therapy
Victor Szymanski, who experienced coercive ‘reparative therapy’ in his youth, is advocating for legal reforms recognizing conversion therapy as a form of emotional and psychological abuse.
Source
www.cbc.ca