US Supreme Court rejects Colorado's ban on LGBT conversion therapy for minors

The US Supreme Court on Tuesday (local time) rejected a Colorado law that prohibited psychotherapists from using "conversion" talk therapy, aimed at changing a Lesbian Gay Bisexual Transgender (LGBT) minor's sexual orientation or identity, Reuters reported.

Siding with a Christian licensed counsellor, who argued the ban violated free speech rights, the judges, in an 8-1 ruling, reversed the decision of a lower court that upheld the law, in a case brought by Kaley Chiles, who argued it violated the First Amendment’s protection of free speech.

The decision by the US Supreme Court is likely to have national implications, reports NBC News, since a similar "conversion" talk therapy ban is present in over 20 states.

What did the Supreme Court say?

The ruling, which was written by Justice Neil Gorsuch, a conservative, rejected Colorado's argument that the ban on conversion talk therapy regulates "professional conduct", not protected speech. He added, "The First Amendment stands as a shield against any effort to enforce orthodoxy in thought or speech in this country."

The Supreme Court noted that the law could still be applied in some cases of conversion therapy, including the so-called "aversive" physical practices, but not to the specific speech involved in Chiles’ case.

Gorsuch also added that Colorado's law not just bans physical interventions, but it also "censors speech based on viewpoints."

Ketanji Brown Jackson was the only Liberal Justice who took the rare step of reading a summary of her opinion in court, emphasising the difference between speech and conduct. Jackson wrote, "Under our precedents, bedrock First Amendment principles have far less salience when the speakers are medical professionals."

What is the conversion therapy ban?

According to NBC News, conversion therapy, which is favoured by some religious conservatives, aims to encourage minors who are gay or lesbian to identify as heterosexual. For transgender children, the therapy aims to encourage them to identify and stick to the gender assigned at birth. The state of Colorado has imposed a ban on this practice for licensed therapists. However, children can still be encouraged by family members or religious entities, since the law does not include them.

According to a Reuters report, the disputed law bars licensed mental health professionals from attempting to alter a minor’s sexual orientation or gender identity toward a specific intended outcome. Each violation can result in fines of up to $5,000. It also covers efforts aimed at suppressing same-sex attraction or modifying behaviors or gender expression.

Major American medical bodies like the American Medical Association, the American Psychological Association, and the American Academy of Pediatrics have all rejected the conversion therapy practice. According to research, the conversion therapy is ineffective and can even prove harmful, and poses an increased risk of suicide among people subjected to it.