WASHINGTON (AP) – supreme court Hear arguments in the latest LGBTQ+ rights case Tuesday weighing the constitutionality of a ban passed by nearly half of U.S. states on a practice known as conversion therapy for children.
justice is so hear the lawsuit From a Christian counselor challenging a Colorado law that bans treatment aimed at changing sexual orientation or gender identity. Kaylee Chiles claims the law, with support from President Donald Trump’s Republican administration, violates her free speech rights by prohibiting her from providing voluntary, faith-based treatment.
Colorado, on the other hand, says its measure simply regulates licensed therapists by banning practices that are scientifically discredited and linked to serious harm.
The debate comes months after the Supreme Court’s conservative majority found states can ban Transition-related health care for transgender youth, setbacks for LGBTQ rights. Justices are also expected to hear the case sports participation This term is used by transgender players.
State says treatment is health care and subject to regulation
Colorado does not license anyone under a 2019 law that exempts religious ministries. State attorneys say they still allow therapists to have a wide range of faith-based conversations with young patients about gender and sexuality.
“The only thing the law prohibits therapists from doing is administering treatment that seeks the predetermined outcome of changing a minor’s sexual orientation or gender identity because that treatment is unsafe and ineffective,” the Colorado attorneys wrote.
Therapy, they said, is more than just speech – it’s health care that the government is responsible for regulating. If you violate the law, the potential fine is $5,000 and license suspension or even revocation.
Linda Robertson is a Christian mom of four from Washington State son ryan After he came out to her at age 12, he underwent treatment that promised to change his sexual orientation. This technique causes him to blame himself when it doesn’t work and he becomes embarrassed and depressed. He died in 2009 at the age of 20 after multiple suicide attempts and a drug overdose.
“What happened in conversion therapy devastated Ryan’s bond with me and my husband,” she said. “And it absolutely destroyed his confidence that he could be loved or accepted by God.”
Chiles argues that her approach is different from the types of conversion therapy of yesteryear associated with practices like shock therapy from decades ago. She believes that “people thrive when they live consistently with God’s design, including their biological sex,” and she argues that evidence of harm from her approach is lacking.
Chiles says Colorado is discriminatory because it allows counselors to affirm minors who come out as gay or identify as transgender, but prohibits counseling like hers for young patients who want to change their behavior or emotions. “I’m not saying this counseling is mandatory, but if someone wants counseling, they should be able to get it,” said Jonathan Scruggs, one of her attorneys.
The Trump administration said there were First Amendment issues with Colorado’s law. It said the law should be subject to higher legal standards.
Similar laws also face challenges in courts
Chile is represented by the Alliance Defending Freedom, a conservative legal organization that has appeared frequently in courts in recent years. This group also represented Christian website designers who did not want to work with same-sex couples succeeded in the challenge Colorado Anti-Discrimination Act of 2023.
The group’s arguments in the conversion therapy case also build on another victory from 2018. The Supreme Court’s decision has determined that California cannot provide information about abortion to state-licensed anti-abortion crisis pregnancy centers. Chile should also be freed from such state regulations, the group argued.
Still, the Supreme Court also held that “accidental” burden speech is the only permissible regulation, and states argue that removing the law against conversion therapy would undermine states’ ability to regulate discredited health care for all children.
The high court agreed to hear the case after the 10th U.S. Circuit Court of Appeals in Denver upheld the law. Another appellate court, the 11th U.S. Circuit Court of Appeals in Atlanta, struck down a similar ban in Florida.
Legal battles also continue elsewhere. in wisconsinthe state Supreme Court recently clarified how states can enforce the ban. By contrast, Virginia officials have agreed to scale back enforcement of the law as part of an agreement with the conservative faith-based groups that sued.
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