Colorado ‘conversion therapy’ law faces Supreme Court constitutional test

The Supreme Court should hear the arguments on Tuesday in a case that examines whether the advisory services for minors faced with gender identity and sexual orientation issues are protected by the first amendment.

Kaley Chiles, an approved Christian therapist, argues that his conversations with young customers are a form of protected speech. The government of Colorado, however, considers them as professional conduct which is its power to regulate.

Chile lawyers describe it in court documents as a person who “believes that people flourish when they live regularly with the conception of God, including their biological sex”.

Chiles, whose practice is based in Colorado Springs, uses “informed” advice to engage in speech therapy with young people who “seek to reduce or eliminate unwanted sexual attractions, change sexual behavior or grow in the experience of harmony with his physical body”, say his lawyers.

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People flank the representative of the Dana Michaelson Jenet State while she speaks during a signature of two bills on May 31, 2019. One prohibits the use of conversion therapy on miners of Colorado. (Aaron Ontivieroz / Medianews Group / The Denver Post via Getty Images)

The closely watched affair focuses on a law adopted by Colorado in 2019 which prohibits what it describes as “conversion therapy”. About two dozen states have similar measures in place, and the outcome of this case could affect them.

Chile lawyers said that state law is equivalent to “censorship from the point of view”, arguing that “Colorado status undeniably reduced it to silence”.

They argue that conversion therapy is too broad a term and that the law puts therapists like peppers in danger of thousands of dollars in fines and revocation of their licenses if they violate it.

In a statement during the summer, the attorney general of Colorado, Phil Weiser, defended the law, that the state claims that the therapists prohibit treatments which have the predetermined result of converting the sexual orientation or the sexual identity of a minor.

“The so-called conversion therapy is an inhuman and abusive practice of mastery to harm young people,” said Weiser. “We have an imperative interest in protecting children from this dangerous pseudoscience.”

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Kaley Chiles, Councilor at Colorado Springs, Colorado. (Alliance defending freedom, press release)

The case is not the first to get out of Colorado in recent years which examines how the first amendment believes itself with identity and sexual orientation. The Supreme Court noted 6-3 in June 2023 that Colorado could not force the creator of Lorie Smith websites to create conceptions in conflict with her faith, namely the conceptions of wedding websites for gay couples.

Chiles c. Salazar has now become the next point of cultural contact in the state. Trump’s Ministry of Justice supports peppers in the trial, as well as the association of biblical advisers and family research advisers.

Meanwhile, nearly 200 Congress Democrats and the main medical and mental health establishments support the Colorado law.

An supporter of the rights of transgender people participates in a rally outside the Supreme Court of the United States while the judges hear arguments in a case on the rights of the health of health on December 4, 2024 in Washington, DC. (Images Kevin Dietsch / Getty)

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Lawyer Kate Anderson of Alliance Defending Freedom, a defense group of conservative defenders representing peppers in dispute, told journalists before the oral arguments that the case of the Colorado web designer had given him optimism.

The law on conversion therapy is “another example of Colorado trying to censor the discourse in a slightly different, but very linked context,” said Anderson. “And we hope that the Supreme Court will once again give a daring justification for freedom of expression for everyone.”