The US Supreme Court ruled this Tuesday (31) that American states cannot ban so-called conversion therapies, a practice that seeks to change the sexual orientation or gender identity of lesbians, gays and trans people.
In the decision, in favor of a Christian therapist, the high court held that a Colorado law violated the First Amendment of the Constitution, which protects freedoms of religion, expression, press and assembly, by determining the ban. In addition to Colorado, 20 other states have banned the practice in the USA.
“The First Amendment provides a shield against any attempt to impose orthodoxy of thought or expression on this country,” Justice Neil Gorsuch wrote for the Court’s majority. The decision, accompanied by eight votes, was challenged only by Judge Ketanji Brown Jackson.
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Still according to the majority’s understanding, the Colorado law was not limited to regulating the content of Christian therapist Kaley Chiles’ speech, but went further by prescribing what opinions she can and cannot express.
Technically, the Supreme Court’s decision does not revoke the law in the Democratic state, which remains in force, but refers the case to lower courts that must align their understanding with that of the higher court.
The Supreme Court’s opinion reverses the September 2024 decision of the 10th U.S. Circuit Court of Appeals, which ruled 2-1 against Chiles to uphold the state ban.
In 2019, Colorado passed a law that prohibits mental health professionals from carrying out any practice or treatment, including psychotherapy, that attempts to advise patients to maintain their sexual orientation in accordance with their birth sex. “Violators” are subject to fines of up to $5,000 and may have their licenses suspended or revoked.
