The U.S. Supreme Court has determined that Colorado's legislative prohibition against conversion therapy "regulates speech based on viewpoint."
This case revolves around the actions of Kaley Chiles, an Evangelical Christian counselor, who seeks to offer therapy to teenagers navigating discussions about their sexual orientation or gender identity. This includes assisting individuals who wish to "reduce or eliminate unwanted sexual attractions, change sexual behaviors, or grow in the experience of harmony with one's physical body," as outlined in her legal complaint.
Chiles' attorney argued that the state's law obstructs voluntary discussions with minors who are seeking her guidance.
The majority opinion asserts, "the lower courts erred by failing to apply sufficiently rigorous First Amendment scrutiny."
"As it pertains to Ms. Chiles, Colorado's law regulates the substance of her speech and prescribes which viewpoints she is permitted to express, thereby discriminating based on viewpoint," the ruling states.
Justice Ketanji Brown Jackson dissented, referencing precedent concerning state regulation of health care professionals. "Simply put, the majority has not fully grasped the essential context surrounding Chiles's constitutional claims," she articulated. "Chiles is not speaking in the abstract; she is delivering therapy to minors within the framework of licensed healthcare."
The Supreme Court heard the case's arguments in October, showing an inclination toward supporting the therapist.
This case introduces a novel aspect to the discussion surrounding "conversion therapy." Typically, conversion therapy is characterized as an intervention aimed at altering an individual's sexual attraction towards same-sex individuals and addressing gender dysphoria. Regardless of its form, the practice has been denounced by all major medical organizations nationwide, which argue it is ineffective and often results in depression and suicidal ideation among minors.
During the autumn hearings, Chiles' attorney, James Campbell, informed the justices that the therapy his client intends to practice does not involve any form of physical constraints or coercion. He emphasized that her approach consists solely of talk therapy.
"Ms. Chiles is being silenced. The kids and families who seek assistance — the type of support she provides — are being left without any resources," he claimed.
The ruling of this case may lead to a reversal of conversion therapy prohibitions across the United States.
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