The Supreme Court heard oral arguments on Tuesday in a free speech challenge to a law in Colorado that prohibits mental healthcare providers from using conversion therapy on LGBTQ youth.
The outcome of the case will determine whether talk therapy aimed at trying to convince minors to change their sexual orientation or gender identity is protected speech under the First Amendment.
It will also decide the fate of statutes in nearly half the states that restrict the practice, which has been deemed harmful and unscientific by LGBTQ advocates and major medical organizations.
Christian therapist Kaley Chiles, who is being represented by the Alliance Defending Freedom, contends the 2019 law essentially amounts to a gag order that violates her First Amendment rights.
Her lawyers say the ban allows therapists to support juveniles seeking to transition from their birth sex but bars mental health professionals from encouraging minor patients to realign their gender identity with their birth sex — essentially favoring the expression of some views over others.
Colorado argues that the law is part of its overall regulation of licensed mental healthcare providers and maintains that variations in gender identity are now recognized as "part of the normal spectrum of human diversity," meaning there's no therapeutic need for conversion therapy.
According to some mental health professionals and patient advocates, the danger in treating conversion therapy as protected speech under the First Amendment is that it could set a precedent that shields any counseling from professional standards by labeling it free speech.
"Therapy is not casual conversation; it is evidence-based mental health treatment provided by licensed professionals who are trained and regulated to protect patient well-being," Lynn Bufka, the American Psychological Association's head of practice, told Axios. "State licensing laws require years of graduate education, supervised clinical experience and adherence to professional standards of care."
Citing the questions justices asked Tuesday, NBC News reported that the high court's conservative majority seems poised to rule that Colorado is trying to regulate speech in a way that favors one viewpoint over another.
Conservative Justice Samuel Alito said that making a distinction between speech that encourages minors to embrace their gender identity or sexual orientation and barring them from questioning it "looks like blatant viewpoint discrimination."
According to NBC, the justices appeared skeptical of the state's argument that conversion therapy speech is linked to the type of conduct that medical regulators typically place restrictions on.
"Just because they are engaged in conduct doesn't mean their words aren't protected," Chief Justice John Roberts said.
Following oral arguments, Chiles said that she would be counseling patients over their gender identity or sexual orientation if it weren't for the ban.
"There are numerous adolescents and their families who have the goals that Colorado says are not allowed, and we are hopeful that in the future, we will be able to have a therapeutic relationship back," she told NBC.
Nicole Weatherholtz ✉
Nicole Weatherholtz, a Newsmax general assignment reporter covers news, politics, and culture. She is a National Newspaper Association award-winning journalist.
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