The US Supreme Court struck down a Colorado law on Tuesday (local time) that barred psychotherapists from using “conversion” talk therapy aimed at changing the sexual orientation or identity of lesbian, gay, bisexual, transgender (LGBT) minors, Reuters reported.
On the side of a Christian licensed counselor who argued the ban violated free speech rights, the justices, in an 8-1 decision, reversed a lower court ruling that upheld the law in a case brought by Kaley Chiles, who argued it violated First Amendment free speech protections.
The US Supreme Court decision is likely to have national implications, NBC News reports, as similar bans on “conversion” talk therapy exist in more than 20 states.
What did the Supreme Court say?
The ruling, written by conservative Justice Neil Gorsuch, rejected Colorado’s argument that the ban on conversion talk therapy regulates “professional conduct,” not protected speech. He added: “The First Amendment is a shield against any effort to impose orthodoxy in thought or speech in this country.”
The Supreme Court noted that the law could still be applied in some cases of conversion therapy, including so-called “aversive” physical practices, but not to the specific speech involved in Chiles’ case.
Gorsuch also added that Colorado’s law not only prohibits physical interference, but also “censors speech based on viewpoints.”
Ketanji Brown Jackson was the only liberal justice to take the rare step of reading a summary of her opinion in court, emphasizing the difference between speech and conduct. Jackson wrote, “According to our precedents, the fundamental principles of the First Amendment have much less meaning when the speakers are physicians.”
What is the ban on conversion therapy?
According to NBC News, the conversion therapy favored by some religious conservatives is intended to encourage gay or lesbian minors to identify as straight. For transgender children, the goal of therapy is to encourage them to identify with and adhere to the gender assigned at birth. The state of Colorado has banned the practice from licensed therapists. However, children may be encouraged by family members or religious entities as they are not covered by the law.
According to a Reuters report, the law at issue prohibits licensed mental health professionals from attempting to change the sexual orientation or gender identity of minors for a specific intended result. Each violation can be fined up to $5,000. It also includes efforts aimed at suppressing same-sex attraction or modifying behavior or gender expression.
Major American medical bodies such as the American Medical Association, the American Psychological Association, and the American Academy of Pediatrics have all rejected the practice of conversion therapy. According to research, conversion therapy is ineffective and may even be harmful, increasing the risk of suicide in people exposed to it.
