Supreme Court Weighs Colorado's Ban on Conversion Therapy for Minors
The U.S. Supreme Court is currently weighing a case, Chiles v. Salazar, that challenges a 2019 Colorado law prohibiting licensed counselors from attempting to change a minor's same-sex attractions or gender dysphoria. The law has sparked a debate on free speech and professional autonomy versus the potential harm of conversion therapy.
Justice Ketanji Brown Jackson questioned whether therapeutic speech is protected by the First Amendment, setting the stage for the court's consideration. Kelly Chiles, a licensed therapist, and Adèle Keim, from the Becket Fund, argued that the Colorado law infringes on counselors' First Amendment rights to provide such counseling to minors with unwanted same-sex desires or gender dysphoria.
On the other side, Colorado's solicitor general, Shannon Stevenson, cited the increased risk of suicide among LGBTQ+ youth who undergo conversion therapy as a compelling reason for the ban. She asserted that the law does not prevent counselors from expressing their viewpoints about the treatment, only from administering it.
Justice Samuel Alito raised concerns about political ideology influencing medical consensus on harmful practices, while Justice Amy Coney Barrett questioned the potential harms of conversion therapy for minors. Meanwhile, the German S3 guideline recommends psychotherapeutic support for minors struggling with gender incongruence, but emphasizes that such support should not be compulsory or a condition for access to body-modifying treatments.
The Supreme Court's decision in Chiles v. Salazar will likely have significant implications for free speech, professional autonomy, and the wellbeing of LGBTQ+ youth. The justices must balance the right to express and practice one's beliefs with the potential harm caused by conversion therapy.
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