The Supreme Court is hearing arguments today on the constitutionality of state bans on conversion therapy for LBGTQ+ kids. 

The case centers on a challenge to a Colorado law that prohibits licensed therapists from practicing therapy aimed at changing a minor's sexual orientation or gender identity. Nearly half of U.S. states have similar bans in place.

Free speech vs health care regulation

The lawsuit was brought by Kaley Chiles, a Christian counselor, who argues that the Colorado law violates her First Amendment right to free speech by barring her from offering voluntary, faith-based counseling. Trump administration supports this view, arguing law should be subject to a higher legal standard. Chiles and her lawyers contend that state is discriminating by allowing counselors to affirm minors who identify as LGBTQ+, but banning her counseling for those who may seek to change their feelings.

Conversely, Colorado maintains that the measure is not a speech ban but a regulation of health care. State attorneys argue the practice is scientifically discredited, linked to serious harm, and therefore subject to regulation like any unsafe treatment. 

The state points to tragic outcomes, such as the case of Ryan Robertson, whose mother testified that the therapy destroyed her son’s self-confidence and bond with his parents, leading to his death by overdose at the age of 20.

Broader implications and legal precedents

The ruling will have wide-ranging implications, as it follows recent Supreme Court decisions concerning LGBTQ+ rights and could affect similar legal challenges to bans in other states. Chiles is represented by the Alliance Defending Freedom, which has previously won cases arguing against state regulation based on First Amendment grounds.

Top Court’s decision will determine states’ authority to regulate what they deem discredited medical practice versus the free speech rights of licensed counselors.