Supreme Court Oral Arguments Hint at Major Shift in Conversion Therapy Bans

The U.S. Supreme Court recently heard oral arguments in a pivotal case, signaling a potential rollback of laws in numerous states that restrict conversion therapy for minors. Justices across the ideological spectrum appeared poised to rule in favor of an Evangelical Christian therapist challenging a Colorado law, which she argues infringes on her free speech rights.

The case, Chiles v. Salazar, revolves around a specific form of ‘talk therapy’ aimed at altering a minor’s sexual orientation or gender identity. While major medical organizations universally repudiate conversion therapy as ineffective and harmful, leading to severe mental health issues including depression and suicidal thoughts, the therapist’s legal team contends her practice involves only voluntary conversations, not coercion.

Colorado’s Solicitor General, Shannon Stevenson, defended the state’s ban, emphasizing the high rates of suicide among LGBTQ+ youth and asserting the law prevents therapists from promising a ‘cure’ for same-sex attraction. However, several justices, including conservative Samuel Alito and even liberal Elena Kagan, expressed concerns that the state’s law might constitute ‘viewpoint discrimination’ by allowing one form of therapeutic approach while silencing another.

Liberal Justice Ketanji Brown Jackson offered a contrasting view, questioning why a therapist should be treated differently from a medical professional liable for substandard care. Nevertheless, a clear majority of the court seemed inclined to side with the therapist, a decision that could invalidate similar state laws across approximately half the country. The therapist, Kaley Chiles, has refrained from using her preferred methods due to fears of losing her license, arguing the Colorado law unconstitutionally chills her free speech rights. A final decision in the case is anticipated by the summer.

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