Can states ban sexual orientation change efforts therapy? Supreme Court hears arguments

The U.S. Supreme Court is hearing arguments that will determine whether states can ban licensed professionals from engaging in therapy with minors seeking to change their sexual orientation or help gender confused children accept their sex.

The Christian Post reports that the Supreme Court began hearing oral arguments Tuesday morning in the case of Kaley Chiles v. Patty Salazar, executive director of the Colorado Department of Regulatory Agencies, et al

The issue comes before the court following a challenge to the Colorado law by a Christian therapist named Kaley Chiles, who says the measure violates her rights under the First Amendment of the U.S. Constitution.

Arguing the case on Chiles’ behalf, James Campbell of the Alliance Defending Freedom, told the court that the ban wrongfully censors “widely held views on debated moral, religious and scientific questions.”

In his opening comments, Campbell said, “Aside from this law and recent ones like it, Colorado hasn’t identified any similar viewpoint-based bans on counseling. These laws are historic outliers.”

Colorado passed the Minor Conversion Therapy Law in 2019, prohibiting what it calls “gay conversion therapy” for minors.

In September 2022, Chiles filed a legal challenge against the law, claiming that it violated the Free Speech Clause and Free Exercise Clause of the First Amendment of the Constitution.

According to the Christian Post, a three-judge panel of the 10th U.S. Circuit Court of Appeals ruled 2-1 against Chiles in September of last year, upholding an earlier district ruling in favor of the state ban.

At that time, Circuit Judge Veronica Rossman, wrote in the majority opinion that “Chiles had not met her burden of showing a likelihood of success on the merits of her First Amendment free speech and free exercise claims.”

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