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On a day that is also recognized as Trans Day of Visibility, the United States Supreme Court (SCOTUS) did not have the wellbeing of queer youth in mind. An argument brought up by Kaley Chiles MA, LPC, LAC. Chiles is a therapist in Colorado Springs, who claimed the state’s ban left her unable to treat those who “prioritize faith above their feelings.”
In the 20th century, conversion therapy via hypnosis, shock therapy, medication, and even lobotomies was common, as many were under the belief that it would work to change one’s sexuality. It was banned by Governor Jerry Brown in California on September 30th, 2012 with Senate Bill No. 1172. The law went into effect the following August. Colorado signed to ban conversion therapy more recently, with Jared Polis signing House Bill 19-1129 in 2019.
Since Chiles is prohibited under this law to talk to her clients that wish to “eliminate” attractions or curiosity towards their gender identity, this ban violates her First Amendment right to free speech. Justice Neil Gorsuch agreed stating the law, “censors speech based on viewpoint.”
Phil Weiser, Colorado’s attorney general, rebutted by saying, “[Conversion therapy] is condemned by all medical associations, that is not speech.” Similar to the views of Ketanji Brown Jackson, who was the only Supreme Court justice to dissent and believes that not only is the topic of conversion therapy dangerous, but that medical care is not ‘speech.’ While Chiles may argue that she is simply speaking with her clients about their identities, she is still a licensed medical professional therefore by speaking to them, she is treating them.
She claims that her clients come to her for unwanted thoughts, however her patients are minors meaning that they can be put into therapy at their parents will. . The law was put into place to strictly prohibit conversion therapy being used to treat children against their will, a practice like Chiles’ caters more towards a parent’s faith than their child’s. Chiles claims that her practice is different from traditional “conversion therapy,” which has been synonymous with abuse, using methods such as shock therapy and medications, however there is no proof that her practice and others like it won’t cause damage. Legalizing conversion therapy can also open the door back up to the methods of physical abuse.
Conversion therapy has no concrete evidence of working to change the sexuality or gender identity of the patient, however it has been linked to depression lasting into adulthood and increases the risk of suicide. The United Nations has a strong stance against it. As of now, conversion therapy has been banned in over 20 states in order to protect LGBTQ+ youth from attempts to change who they are. No one should live in fear that they will be tortured against their will for how they love or how they identify. SCOTUS should be protecting children instead of forcing us to go back in time..