In an 8-1 majority opinion in Chiles v. Salazar U.S. Supreme Court case written by Justice Neil Gorsuch, the court held that Colorado’s ban on “conversion therapy” on minors by licensed mental health professionals requires further review by the appeals court under a more intense legal standard on First Amendment considerations. This ruling, which was released on March 31—International Trans Day of Visibility, did not strike down conversion therapy ban laws in Colorado or other states with those bans.
The court ruled in favor of Colorado therapist Kaley Chiles who challenged the 2019 law that banned “conversion therapy.” She said it discriminated against her based on her views that she expresses in the talk therapy she provides to her clients.
Northwestern University LGBTQI+ Rights Clinic Director and Clinical Assistant Professor of law Kara Ingelhart told this publication that today’s ruling is “about how conversion therapy can be regulated—not about whether it is safe or legal. It isn’t. Conversion therapy is still malpractice and consumer fraud.”
Ingelhart explained that “the Court sent this case back to the trial court to decide whether conversion therapy when it is ‘talk therapy’ and does not include physical interventions can be barred by state law under a more rigorous standard than the one previously applied in this case.”
Gorsuch wrote that this case must apply a “strict scrutiny” standard. He said in the ruling that “as applied to Ms. Chiles, Colorado’s law regulates the content of her speech and goes further to prescribe what views she may and may not express, discriminating on the basis of viewpoint. The law permits her to express acceptance and support for clients exploring their identity or undergoing gender transition…but forbids her from saying anything that attempts to change a client’s ‘sexual orientation or gender identity,’ including efforts to change ‘behaviors,’ ‘gender expressions’ or ‘romantic attraction[s]…Her speech does not become ‘conduct’ just because a government says so or because it may be described as a ‘treatment’ or ‘therapeutic modality.’ The First Amendment is no word game, and ‘the exercise of constitutional rights’ cannot be circumscribed ‘by mere labels.’”
This ruling, with Justice Ketanji Brown Jackson the lone dissenter, could raise questions in the almost 30 states and Washington, D.C. who have either curbed or outlawed “conversion therapy” directed at LGBTQ+ youth once it is applied by the trial court as well as in future cases.
Jackson wrote that the court engaged with culture wars with this ruling where they sided with anti-LGBTQ+ therapists to the detriment of the rights of those therapists who affirm their LGBTQ+ patients. She said the majority “appears to have made this momentous decision without adequately grappling” with the “potential long-term and disastrous implications” this ruling will have on other medical regulations which are now vulnerable to a First Amendment attack.
“Because the majority plays with fire in this case,” said Jackson in her dissent, “I fear that the people of this country will get burned.”
Conversion therapy, which seeks to change LGBTQ+ people’s sexual orientation and/or gender identity has been discredited and been deemed, for many years, to be a harmful practice that leads to years of negative psychological outcomes by every major medical association.
Illinois state Rep. Kelly Cassidy said in a press release, “As the lead sponsor on the state’s 11 year old ban on the unethical practice of conversion abuse at the hands of medical professionals, I remain committed to ensuring that our state continues to lead the way in finding ways to protect our LGBTQ+ community from increasingly aggressive federal attacks on state laws protecting the community.
“While the timing of the decision being released on Transgender Day of Visibility is a cruel one, this decision is a technical one, essentially instructing the Colorado courts to reexamine the case under a more intense legal analysis. As such, our state’s ban is not directly impacted by this decision, although we are working closely with advocates to prepare for the possibility that future decisions will.
“It’s also very important to note what this decision does not do: it does not impact the various organizations representing licensed medical professionals whose codes of ethics prohibit the debunked practice often referred to as ‘conversion therapy,’ so even in a world where the courts ultimately overturn state bans, there are still disciplinary and license consequences for medical professionals who engage in conversion abuse via those professional organizations, nor does it impact the ability to use civil courts to sue for malpractice.”
In a press release statement, Equality Illinois CEO Channyn Lynne Parker said, “Today, the Supreme Court handed down an 8–1 decision in Chiles v. Salazar, that threatens to strike down Colorado’s ban on conversion therapy for minors. On International Transgender Day of Visibility. Let that land.
“Equality Illinois is clear: we reject this ruling. This is not a close call. Conversion therapy is not a debate. It is a discredited, dangerous practice that has been condemned by every major medical and mental health organization in this country. The Court’s decision does not change that. It speaks to how states may regulate these practices, not to whether they cause harm. They do. They always have.
Parker added, “On a day set aside to celebrate the visibility, dignity, and full humanity of transgender people, we refuse to be moved. LGBTQ+ youth deserve to be affirmed, supported and safe. That is not a political position. It is a moral one. We are not disheartened. We are determined.”
Center on Halsted CEO Joli Robinson said in a statement to this publication, “On Transgender Day of Visibility, the U.S. Supreme Court had an opportunity to affirm and protect LGBTQ+ youth—and chose not to. In Illinois, the Youth Mental Health Protection Act remains in place, and we will continue to defend it. LGBTQ+ youth, those questioning and their allies deserve to know you are seen, you are valued and Center on Halsted will always show up for you, advocate for you and ensure you have a space where you can be exactly who you are—without exception.”
In a statement to this publication, Chicago Therapy Collective (CTC) Founder and Executive Director Iggy Ladden said, “CTC is outraged by today’s Supreme Court ruling, which strips away critical protections for LGBTQ+ youth and legitimizes practices that every major medical authority has deemed harmful. Conversion therapy has inflicted irreparable damage on children and families—often driven by religious ideology that prioritizes conformity over care. Adults who suffered at the hands of this medical abuse report lifelong trauma.
“Let us be clear: trans and queer youth are not broken—they are perfect as they are. We will not stand by while their dignity and safety are undermined. Our mission is unwavering: to ensure every LGBTQ+ person in Illinois—especially young, BIPOC and trans people who are often disproportionately targeted—is protected, supported and has access to affirming, medically competent care. And we will continue fighting, relentlessly, for their right to exist and thrive.”
National Association of Social Workers Illinois Chapter Director of Legislative Affairs Kyle Hillman said in a press release, “Today’s decision is a painful reminder of how much work remains to protect the young people most vulnerable to harm. Conversion ‘therapy’ is not therapy. It is abuse, and it causes documented psychological damage. No ethical social worker or mental health clinician should be engaging in this practice, full stop, regardless of what any court decides. We stand with the legislators and advocates who have spent more than a decade fighting to protect LGBTQ+ youth in this state, and we will keep fighting alongside them.”
Windy City Times previously reported on this case when the U.S. Supreme Court decided to add it to their docket last year.