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supreme court will hear arguments in a closely watched test case on Tuesday over whether existing restrictions on so-called “”conversion therapy“For children, laws are already constitutional, in about half of American states.
Conversion therapy – a practice promoted by some religious conservatives – attempts to coerce gay and lesbian For children to identify as heterosexual and transgender Youth corresponding to the sex assigned at birth. it is long condemned as harmful and discredited by major medical groups.
this week’s issue Focuses on a 2019 Colorado law that prohibits licensed physicians from attempting to change a child’s sexual orientation or gender identity, but does not extend to religious groups or family members.
The challenge comes from Kelly Chiles, a Christian counselor, who argues the measure violates her First Amendment rights by preventing her from offering voluntary, faith-based counseling.
The Supreme Court has a 6-3 conservative majority and therefore often supports conservative “free speech” claims. Chiles has also won the support of President Donald Trump’s Republican administration and several conservative allies.
Chiles has stated that she believes “people thrive when they live consistently with God’s design, which includes their biological sex,” According to an AP reportAnd he is prepared to argue that from his point of view there is a lack of evidence of harm.
The state of Colorado says the law regulates health care, not speech, and says the law is designed to protect children from a practice linked to depression, anxiety and suicidal thoughts.
“The only thing the law prohibits a therapist from doing is performing a treatment that seeks the predetermined result of changing the minor’s sexual orientation or gender identity because that treatment is unsafe and ineffective,” state attorneys wrote.
Colorado has not approved any under the law since it was introduced, and that exempts religious ministries.
State attorneys say the law as it stands still allows any physician to have broad, faith-based conversations with young patients about gender and sexuality.
Yet violations carry a potential fine of up to $5,000 and the risk of license suspension or revocation.
The case, Chiles v. Salazar, comes just months after the court’s conservative majority upheld state restrictions on transition-related health care for transgender youth, a ruling seen as a major blow to LGBTQ rights.
Later this term the Supreme Court is also expected to hear a case on transgender athletes’ participation in school sports.
For families, the stakes are deeply personal. Linda Robertson, a Christian mother from Washington state, recalled that her son Ryan was subjected to conversion therapy after coming out at age 12, the AP reports. When treatment failed, he blamed himself, spiraled into shame and depression, and died in 2009 at the age of 20 after several suicide attempts and a drug overdose.
“What happened in conversion therapy, it devastated Ryan’s bond with me and my husband,” she said. “And it completely destroyed their confidence they could ever be loved or accepted by God.”
Colorado Attorney General Phil Weiser, a Democrat, warned in a court filing that striking down the state law could hamper not only the ban on conversion therapy, but also broader efforts to regulate medical treatments deemed unsafe or ineffective by experts.
“For centuries, states have regulated professional health care to protect patients from substandard treatment. During that time, the First Amendment has never barred the ability of states to prohibit substandard care, whether through words,” he has written,
Chiles, represented by the conservative Christian legal group Coalition for Freedom, argued Her court filing states that counseling is “important discourse that helps youth better understand themselves.”