On Tuesday, the U.S. Supreme Court ruled Colorado’s law banning so-called “conversion therapy” is likely unconstitutional, violating the First Amendment’s free speech clause.
In the 8-1 decision, the Supreme Court held the state’s “Prohibit Conversion Therapy for A Minor” law (HB19-1129), enacted in 2019, engages in unconstitutional viewpoint discrimination since it prohibited therapists from voicing certain perspectives that Colorado disfavors.
Because of its speech restrictions, the law must satisfy strict scrutiny – the highest standard of judicial review, the Supreme Court said. The lower courts had erroneously applied rational-basis review – a much lower standard – in upholding the law.
The law prohibited licensed counselors from helping minor clients struggling with unwanted same-sex attraction or sexual identity confusion. The Orwellian speech code mandated counselors speak in a specific, state-mandated way when counseling minor clients.
Counselors could only help clients embrace homosexuality or a “transgender” identity. The law prohibited counselors from helping clients, through simple talk therapy, turn away from homosexual thoughts, behaviors and identities, or resolve feelings of gender dysphoria and embrace their biological sex.
“Under our precedents, viewpoint restrictions like that are not subject to mere rational-basis review or intermediate scrutiny,” Justice Neil Gorsuch wrote for the Court’s majority. “Rather, they represent ‘an egregious form of content discrimination’ where First Amendment concerns are at their most ‘blatant.’”
The case stems from Christian Colorado counselor Kaley Chiles’ lawsuit seeking to prevent enforcement of HB19-1129 and protect her First Amendment right to speak freely in counseling conversations with minors.
“While the First Amendment protects many and varied forms of expression, the spoken word is perhaps the quintessential form of protected speech,” Gorsuch added, “And that is exactly the kind of expression in which Ms. Chiles seeks to engage.”
Justice Gorsuch continued,
The Court’s decision is a clear win for all Americans’ free speech rights and for minors who want to find help and hope of healing from homosexuality and transgenderism.
However, you’d never know that from reading the mainstream media’s biased coverage of the Court’s ruling.
The Associated Press claimed the decision is “the latest in a line of recent cases in which the justices have [taken] a skeptical view of LGBTQ+ rights,” opining that “conversion therapy” is a “discredited practice.”
The New York Times said Colorado’s law prohibits counselors from “trying to change the sexual orientation or gender identity of L.G.B.T.Q. minors.”
NBC News called the decision “a blow to LGBTQ rights” in the opening sentence of its article on the ruling. The outlet called “conversion therapy” “widely discredited” and “ineffective,” deeming it “harmful, increasing a risk of suicide among people subjected to it.”
USA Today said “conversion therapy” is “ineffective and harmful.”
For all the smoke and mirrors proffered by other outlets, here are four truthful things you should know about the Court’s ruling.
“Conversion Therapy” Doesn’t Exist
There is no “harmful” or “discredited” practice known as “conversion therapy.” As the Daily Citizen has previously noted, “No counselor or therapist ever put out a sign saying, ‘I offer conversion therapy’ or ‘I’ll convert you from gay to straight!’ There is no such clinical practice.”
“The term was invented by activists who oppose the truth that some people with same-sex attractions or gender identity confusion who don’t want to embrace those thoughts, feelings, identities or behaviors.”
The Truth: Some individuals who experience unwanted same-sex attraction or sexual identity confusion seek counselors’ help to reach their own goals and find freedom from homosexuality and transgenderism; many individuals do find lasting freedom from these struggles.
Talk Therapy is Not Harmful
As the Court recounted in its opinion, Chiles (and other Christian counselors) does not “prescribe any medicines, perform any physical treatments, or engage in any coercive or aversive practices. All Ms. Chiles offers is talk therapy.”
A 2022 study conducted by Rev. D. Paul Sullins, Ph.D., a research professor of sociology with the Catholic University of America, found that “sexual orientation change efforts” are not associated with causing behavioral harms – unlike what the media claims.
The Truth: Talk therapy can be helpful for individuals who want to explore their past experiences, feelings, relationships, identities and behaviors and who want to live out a biblical sexual ethic.
The Court Upheld All Americans’ Free Speech Rights
The media inexplicably and incorrectly portrayed the ruling as a “blow to LGBT rights.” But the Court did not remove any “LGBT right.” Nor did it mandate any homosexual- or transgender-identified individuals receive talk therapy.
The Court merely said minor clients who want to leave homosexuality or transgenderism can receive a counselor’s help in doing so.
The Truth: The Court upheld Americans’ right to speak freely and receive counseling as they wish.
LGBT Activists Promote Conversion Therapy
LGBT activists who oppose counselors helping clients leave transgenderism, who want to trap individuals into a lifetime of confusion over their sexual identity, are the real advocates of “conversion therapy.”
These radical activists would prefer minors receive harmful, damaging and irreversible puberty blocking drugs, opposite-sex hormones and surgeries, rather than explore their feelings and identities with a licensed counselor.
This is a misguided attempt to “convert” children into looking and acting like the opposite sex, rather than helping them embrace biological reality. Most children with sexual identity confusion will desist, but transgender ideology tries to convince them – and their families – that they need to somehow “become” the opposite sex.
As commentator Allie Beth Stuckey wrote, “True, damaging ‘conversion therapy’ is the kind that convinces kids that they’re the opposite gender.”
The Truth: LGBT activists are the real proponents of harmful “conversion therapy” for children with sexual identity confusion.
Thankfully, the U.S. Supreme Court ruled in Kaley Chiles’ favor, upholding her free speech rights and the right of all licensed counselors to help minors receive the therapy they seek.
The case now goes back down to the lower court, where Colorado’s law will likely fail to meet a strict scrutiny analysis and be found unconstitutional.
The case is Chiles v. Salazar.
Related articles and resources:
Supreme Court Smacks Down Colorado’s ‘Conversion Therapy’ Ban in 8-1 Decision
Counseling for Sexual Identity Concerns: A Measured, Careful, and Compassionate approach.
New Study: Even Failed Efforts to Leave Homosexuality Are Not Harmful
New Study Shows Therapy to Leave Homosexuality Can Be Effective and Helpful
Photo from Getty Images.