DENVER–The U.S Supreme Court (SCOTUS) is set to hear a Colorado case early next week challenging a state statute banning use of so-called “conversion therapy” on minors. A Colorado Springs therapist brought the case, saying the law amounts to state infringement on constitutionally protected speech.
Kayley Chiles, represented by public interest law firm Alliance Defending Freedom (ADF), argues the statute, enacted in in 2019, violates her First Amendment right to free speech by barring counselor conversations on the topic, under threat of license revocation, with clients under the age of 18.
The statute defines conversion therapy as “efforts to change an individual’s sexual orientation, including efforts to change behaviors or gender expressions or to eliminate or reduce sexual or romantic attraction.”
After being denied a preliminary injunction, Chiles took her case to the 10th Circuit Court of Appeals, which upheld the ban. Both the 9th and 10th circuit courts have ruled conversion therapy use on minors as regulated conduct, not a matter of free speech, while the the 3rd and 11th circuit courts have found such bans suppress protected speech, leaving the high court to sort out the conflict.
SCOTUS is scheduled hear the case on October 7. The question presented asks “Whether a law that censors certain conversations between counselors and their clients based on the viewpoints expressed regulates conduct or violates the Free Speech Clause.”
Patty Salazar, executive director of the Colorado Department of Regulatory Agencies is named the defendant. Attorney General Phil Weiser will defend the State, as laid out in his brief.
ADF attorney Jim Campbell, who is representing Chiles, says the Colorado state government is once again infringing on protected speech:
“The government has no business censoring private conversations between clients and counselors,” Campbell said. “Colorado’s law harms these young people by depriving them of caring and compassionate conversations with a counselor who helps them pursue the goals they desire.”
Chiles’ case has gained the support of 21 state attorneys general, as well as the U.S. Justice Department, which has filed an amicus brief in support of her position.
ADF is widely known for its successful defense of Colorado cake decorator Jack Phillips, who refused to use his artistic talents to make a custom wedding cake for two gay men. Phillips won his case before the U.S. Supreme Court.
As previously reported by Complete Colorado, ADF also successfully settled a lawsuit on behalf of Christian summer camp, Camp IdRaHaJe, exempting IdRaHaJe and all other religious camps from the state’s gender identity rules.
ADF also defended a Christian bookstore in their lawsuit against the state and its gender-expression law requiring businesses to address customers by their preferred pronouns.
