WASHINGTON – The Supreme Court has agreed to take on a crucial case from Colorado, which will determine whether state and local governments have the power to enforce laws banning conversion therapy for LGBTQ+ children. This decision by the conservative-led court comes at a time when the Trump administration has been targeting transgender people with policies like the military service ban and the withdrawal of federal funding for gender-affirming care for transgender minors.
This decision also comes on the heels of the court’s recent hearing on a similar case in Tennessee, which questions the constitutionality of state bans on treating transgender minors. However, the court has yet to issue a ruling on this matter. Colorado is one of the approximately half of the states that have laws in place prohibiting the harmful practice of attempting to change a person’s sexual orientation or gender identity through counseling.
At the heart of this case is the question of whether these laws infringe on the free speech rights of counselors. Those who support these laws argue that they are simply regulating the conduct of licensed professionals. The 10th U.S. Circuit Court of Appeals in Denver has upheld Colorado’s law, while the 11th U.S. Circuit Court of Appeals in Atlanta has struck down local bans in Florida.
This is not the first time this issue has come before the Supreme Court. In 2023, the court declined to hear a similar case, despite a split among federal appeals courts that had ruled on state bans and reached different conclusions. At the time, three justices – Samuel Alito, Brett Kavanaugh, and Clarence Thomas – stated that they would have taken on the issue. The court requires at least four justices to agree to hear a case, and it does not disclose how the justices voted at this stage, so it is unclear who provided the fourth vote.
The case will be heard during the court’s new term, which begins in October. The appeal was filed on behalf of Kaley Chiles, a counselor from Colorado Springs, by the Alliance Defending Freedom, a conservative legal organization that has been involved in numerous high-profile social issue cases at the Supreme Court in recent years. This includes a 2018 decision in which the court ruled 5-4 that California could not force state-licensed anti-abortion crisis pregnancy centers to provide information about abortion.
In their arguments, Chiles’ lawyers heavily relied on this previous decision and stated that Chiles does not aim to “cure” clients of same-sex attractions or “change” their sexual orientation. On the other side, lawyers for Colorado have argued for the court to reject the appeal, stating that lawmakers passed these laws to regulate professional conduct based on overwhelming evidence that efforts to change a child’s sexual orientation or gender identity are harmful and ineffective.
This case has the potential to set a precedent for the legality of conversion therapy laws across the country. It is a critical and long-awaited decision for the LGBTQ+ community, who have been fighting for years to protect vulnerable children from this damaging practice. The Supreme Court has the opportunity to uphold the rights and dignity of LGBTQ+ individuals by affirming the constitutionality of these laws and sending a clear message that conversion therapy has no place in our society.
The court’s decision will have far-reaching implications and will send a strong message to state and local governments about their responsibility to protect minors from harmful and discriminatory practices. It is a test of the court’s commitment to upholding the rights and equality of all individuals, regardless of their sexual orientation or gender identity.
Furthermore, this case highlights the urgent need for federal legislation to ban conversion therapy nationwide. While many states have taken action to protect LGBTQ+ children, there are still states where this dangerous practice is legal. The Supreme Court’s decision can serve as a wake-up call for lawmakers to take action and pass federal legislation to protect all minors from the harmful effects of conversion therapy.
In conclusion, the Supreme Court’s decision to take on this case is a step towards progress and justice for the LGBTQ+ community. We can only hope that the court will uphold these vital laws and send a strong message that discrimination and harm towards the LGBTQ+ community will not be tolerated. This is a critical moment for the court to stand on the right side of history and protect the rights of all individuals regardless of their sexual orientation or gender identity.
