The U.S. Supreme Court appeared ready to side with a challenge on free speech grounds to a Colorado law banning psychotherapists from conducting "conversion therapy" that aims to change a minor's sexual orientation or gender identity.

Washington

The U.S. Supreme Court heard arguments challenging Colorado's law that prohibits licensed therapists from conducting conversion therapy on minors, a practice aimed at changing a young person's sexual orientation or gender identity. Several conservative justices expressed concerns that the law may violate free speech protections, particularly for Christian counselor Kaylee Childs, who brought the case.

Colorado's Solicitor General argued that the law regulates harmful medical conduct rather than speech, but justices questioned whether restricting what therapists can say constitutes viewpoint discrimination. Medical organizations have cited evidence of harm caused by conversion therapy, including increased risks for minors. The court's decision, expected by the end of June, could have significant implications for similar laws across the country.

Supreme Court skeptical over Colorado LGBT 'conversion therapy' ban

The U.S. Supreme Court on Tuesday appeared ready to side with a challenge to a Colorado law banning psychotherapists from conducting so-called conversion therapy that aims to change a minor's sexual orientation or gender identity. The nation's top court has a 6-3 conservative majority, and questions posed by its conservative justices during arguments in the case signaled their sympathy toward Christian-licensed counselor Kaylee Childs, who says the law violated her First Amendment-protected right to free speech. In one exchange, Colorado Solicitor General Shannon Stevenson told the justices that the 2019 law regulates conduct, not speech. She argued that states should not lose their long-standing power to restrict harmful treatments in health care, quote, just because they are using words. Conservative Chief Justice John Roberts then pushed back on that assertion. Counsel, you said, you know, just because they're using words, but our cases separate those out. Holder, NIFLA, in other words, just because they're engaged in conduct doesn't mean that their words aren't protected. At another point, conservative Justice Samuel Alito seemed to embrace Childs' claim that Colorado's law aims to marginalize views the state dislikes, on the one hand, allowing therapists to help a person feel comfortable about being gay, and on the other, barring them from helping a patient who seeks to end or lessen their same-sex attraction. Alito said that looked like, quote, blatant viewpoint discrimination. Medical groups such as the American Psychological Association cite studies showing the practice has been associated with harms, including an increased likelihood of transgender minors running away from home or attempting suicide. The case gives the court's conservative majority another opportunity to elevate the interests of a conservative Christian litigant at the expense of protections for LGBT people. A ruling is expected by the end of June.

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