Supreme Court hears arguments on Colorado’s conversion therapy ban, raising First Amendment concerns.
Today the Supreme Court heard oral arguments in a case arising out of Colorado. The state passed a law which makes « conversion therapy » by licensed therapists illegal. A Christian therapist sued, claiming that the law infringes on her First Amendment rights. Scotus Blog has a helpful primer on the background of this case.
Colorado passed the law at the center of the dispute, known as the Minor Conversion Therapy Law, in 2019 in response to what it describes as “a growing mental health crisis among Colorado teenagers and mounting evidence that conversion therapy is associated with increased depression, anxiety, suicidal thoughts, and suicide attempts.” The law bars mental health professionals from providing clients under the age of 18 with conversion therapy, although it carves out an exception for anyone “engaged in the practice of religious ministry.”
Chiles, who is a practicing Christian, contends that although she does not try to “convert” her clients, she does try to help them with objectives that may include “seeking to reduce or eliminate unwanted sexual attractions” or becoming more comfortable with their bodies. Chiles filed a lawsuit in Colorado, asking a federal court to block the state from enforcing the conversion therapy ban against her.
A federal trial judge turned down a request for an order that would temporarily bar the state from implementing the ban against Chiles while her lawsuit continued. The U.S. Court of Appeals for the 10th Circuit upheld that ruling. It reasoned that the conversion therapy ban merely regulates conduct – the treatment that Chiles, as a mental health professional, provides – even if it has an “incidental” effect on Chiles’ speech. As a result, the court of appeals concluded, the ban should be reviewed under the least stringent test for constitutional challenges, known as “rational basis” review, and it meets that relatively low bar.
She appealed the outcome to the Supreme Court and they agreed to hear the case in March. Chiles, the therapist, was represented by lawyer James Campbell. Colorado’s solicitor general, Shannon Stevenson, represented the state.
