The recent decision by the Supreme Court to take up the case of Colorado v. Kaley Chiles has once again put the issue of conversion therapy for LGBTQ+ children in the spotlight. This comes at a time when President Donald Trump’s policies targeting the transgender community, like the ban on military service and the withdrawal of federal funding for gender-affirming care for minors, have already caused immense harm and discrimination towards this vulnerable group.
The case centers around whether state and local governments have the authority to enforce laws that prohibit conversion therapy, a practice that attempts to change a person’s sexual orientation or gender identity through counseling. Colorado is one of approximately half the states that have banned this harmful practice, but now the question arises whether these laws violate the speech rights of counselors or are they simply regulating the conduct of licensed professionals.
The 10th U.S. Circuit Court of Appeals in Denver upheld the state’s law, arguing that it was a valid regulation of professional conduct. However, the 11th U.S. Circuit Court of Appeals in Atlanta has struck down similar local bans in Florida. This discrepancy in decisions has led the Supreme Court to step in and make a final ruling on this contentious issue.
The fact that the conservative-led court has agreed to hear this case is a cause for concern, especially in light of their recent actions on other LGBTQ+ rights issues. The justices are also currently hearing arguments in a Tennessee case regarding whether state bans on treating transgender minors violate the Constitution, but have yet to issue a decision. In 2023, the court had denied a similar challenge, despite a split among federal appeals courts on the issue.
However, despite these ominous signs, there is still hope for a positive outcome. In 2018, the Supreme Court made a landmark 5-4 decision in which they ruled that California could not force state-licensed anti-abortion pregnancy centers to provide information about abortion. This case was also brought forward by the Alliance Defending Freedom, the conservative legal organization representing Kaley Chiles in the current case.
Chiles, a counselor in Colorado, is not seeking to “cure” her clients of their sexual orientation or gender identity, but rather help them through any struggle they may have. Her lawyers have pointed to the 2018 decision in their argument for the Supreme Court to take up this case and protect Chiles’ rights to free speech and her profession. On the other hand, lawyers for Colorado have argued that the state has acted based on “overwhelming evidence” that conversion therapy is not only ineffective but also hazardous to a child’s well-being.
It’s important to remember that at the heart of this case are the lives and well-being of countless LGBTQ+ children. This practice has been proven to cause severe psychological harm and even lead to suicide. It is a form of discrimination and abuse towards a community that is already vulnerable to hate and discrimination. Banning conversion therapy is not an attack on the freedom of speech, but a necessary step in protecting the human rights of our fellow citizens.
The Supreme Court’s decision to hear this case in their upcoming term, which begins in October, means that we can expect a ruling by the end of June 2022. The outcome of this case will not only affect Colorado but also have far-reaching consequences for the rest of the country.
In conclusion, the Supreme Court’s decision to take up the case of Colorado v. Kaley Chiles is a crucial moment for the LGBTQ+ community and their rights. We can only hope that the court will make the right decision and protect our children from the harm caused by conversion therapy. As a society, it is our duty to stand up against discrimination and ensure that everyone, regardless of their sexual orientation or gender identity, receives equal protection under the law. Let us hope for a positive outcome in the fight for equality and justice for all.
