This week, the U.S. Supreme Court decided to hear a case against a Colorado Law that prohibits so-called conversion therapy. Kaley Chiles, a Christian licensed therapist, claimed this law was a violation of her First Amendment right.
Chiles v. Salazar is a case that comes just two years after the Supreme Court refused to hear a similar case in nature challenging Washington State law prohibiting licensed therapists from practicing “conversion therapies” with minors. Clarence Thomas and Brett Kavanaugh, who are conservative Justices, dissented in that case from the decision not to take up the case. They said they would have allowed it to be reviewed.
In its acceptance of the case, the Supreme Court stated that Chiles, a practicing Christian, believes people thrive when they follow God’s plan, which includes their biological sex. Many of her clients come to her for counsel because they feel that God and their relationship are the basis on which their identities and desires can be understood. Colorado, however, bans such conversations because of the views they present.
The writ states that the Court will consider the following question at the oral argument: “Whether or not a law which censors conversations between counsellors and clients based on the views expressed violates Free Speech Clause?
Sarah Parshall Perry, a legal scholar at the Heritage Foundation and a member of the State Legislature in California, said that this law violates the First Amendment. She also stated that it is “a very clear violation” as the legislature has set up “a constitutional challenge based upon viewpoint discrimination.”
Perry said: “The state has stated that the legislature determined that the standard of care should be affirmation of these individuals’ desires for a homosexual orientation or divergent gender identities. And herein lies the problem.” Kaley Chiles has put it in this way. In layman’s language, she said, “On the other side, it’s as if you are allowing conversation to affirm nothing.”
Colorado Attorney General’s Office has filed a brief amicus curiae in support of the state’s Minor Conversion Therapy Law, which passed in 2019. This legislation prohibits mental health practitioners from performing “conversion therapy” on minors.
According to legislation, “conversion therapy” is “any practice by a physician licensed to practice psychiatry who attempts to or claims to change an individuals sexual orientation or gender identification, including efforts made to change gender expressions, behaviors, or eliminate sexual or romantic feelings or attraction toward others of the same gender.”
According to the law, “conversion therapy”, which is defined as counseling that helps people explore their gender identities, get social support, or deal with personal issues, does not cover counseling that tries to alter a person’s sexual orientation and gender identity. As long as counseling does not focus on changing a person’s sexual orientation or gender, the law allows assistance to individuals who are undergoing a gender transition.
In Colorado, we’re committed to protecting the professional standards of care so that no person suffers from harmful and unscientific so-called homosexual conversion therapy. Colorado’s decision on this case is the right, humane, and smart policy, and we are committed to protecting it.
SCOTUS rejected several petitions, such as Maryland’s semi-automatic gun ban and Rhode Island’s high-capacity magazine ban.
Perry stated, “It’s in no way indicative of the fact there’s a conservative at the White House. The simple fact that these three justices were appointed by the POTUS in question has absolutely nothing to do with it because they’ve been strong advocates of the First Amendment. This, in my opinion, should be an easy case.”