Supreme Court sees a free-speech problem with laws that ban ‘conversion therapy’ for minors
Washington – Supreme Court Justices on Tuesday heard a free speech challenge to state laws against “conversion therapy,” likely ruling that the measures violate the 1st Amendment.
California and more than 20 other states have adopted laws to prohibit licensed counselors from urging or encouraging gay or transgender youth to change their sexual orientation or gender identity.
It was adopted in response to a history of dangerous and discredited practices, including treatments that administered nausea and vomiting or electric shocks.
Lawmakers and medical experts say efforts to “heal” LGBTQ+ youth are cruel, ineffective and causing lasting harm.
But these “talk therapy” laws have been challenged by a number of Christian counselors who believe they can help young people who want to talk about their feelings and sexual identities.
The court heard on Tuesday Kaley Chiles’ ObjectionA consultant from Colorado Springs, Colo. He says he is an evangelical Christian, but he does not seek to “heal” teens with same-sex attraction or change their gender identity.
But he sued, claiming state law was trying to “censor” his speech and threatened him with punishment.
He lost before a federal judge and the U.S. Court of Appeals, both of whom said the state had the authority to regulate the practice of medicine and prevent substandard health care.
But both conservative and liberal justices said the Colorado law violated the 1st Amendment.
Justice Samuel A. Alito Jr. “Pure speech held here,” he said.
He also said state laws apply a double standard. It penalizes a licensed counselor who agrees to talk to a teen client who wants to “overcome same-sex attractions,” but not if he encourages the teen to accept or endorse those attractions.
Justice Elena Kagan said she sees a potential 1st Amendment violation. And Justice Sonia Sotomayor said there was less evidence that talk therapy alone causes real harm.
In defense of the law, Colorado State Attorney Shannon Stevenson said the law only applies to licensed counselors. It does not extend to others, including religious ministers.
The practice of medical care “is a heavily regulated field. A doctor has no right to give incorrect advice to patients,” he said.
Justice Amy Coney Barrett and others have suggested that counselors could still face a medical malpractice lawsuit that violates the 1st Amendment even if the court rules state law.
