The Supreme Court will take up a Christian therapist’s challenge to a Colorado law that bans conversion therapy aimed at young people questioning their sexual orientation or gender identity.
The case, brought by therapist Kaley Chiles who is represented by the conservative religious group Alliance Defending Freedom, claims the state law violates the First Amendment by restricting her ability to communicate with clients who seek her services.
Conversion therapy attempts to convert people who identify as LGBTQ+ into straight or cisgender people.
The American Academy of Child and Adolescent Psychology, the National Alliance on Mental Health, the Human Rights Council and many other organizations say evidence shows conversion therapy is harmful and can be dangerous.
Colorado and at least 19 other states have laws that prohibit licensed mental healthcare providers from engaging in conversion therapy with people younger than 18 years old.
Officials in Colorado have argued the law is regulating conduct, not speech. If the court were to rule in favor of Chiles, it would “undercut states' longstanding ability to protect patients and clients from harmful professional conduct.”
But Chiles says she and her clients have aligned beliefs that their faith informs their romantic attraction, sexual behaviors and self-perceptions. She says that with the bans in place, she is unable to provide that service to minors who want it.
Chiles sued the state over the law in 2022. A federal district court denied her request to temporarily suspend the law’s enforcement and she appealed to the 10th Circuit Court of Appeals, which backed the district court’s ruling. She then appealed to the U.S. Supreme Court.
Cases challenging laws that seek to regulate medical intervention for LGBTQ+ youth have become more popular at the Supreme Court.
Already, the court is hearing a case involving the regulation of puberty blockers or hormone treatment for transgender youth. In that case, Tennessee is seeking to keep its ban on gender-affirming medical care for youth, believing the state has the authority to regulate medicine.
The Supreme Court declined to take up a similar case in 2023, though three conservative justices, Justices Clarence Thomas, Samuel Alito and Brett Kavanaugh, said they would have considered the case.
In his opinion, Alito said the case “presents a question of national importance,” and Thomas asserted it would be brought back to the court again. Thomas had said the state “silenced one side” of the debate over how to assist minors with gender dysphoria.
The Colorado case is set to be part of the Supreme Court’s next term that starts in October and ending in June 2026.
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