Conversion therapy ban violates free speech, US Supreme Court rules

Colorado’s conversion therapy ban goes against the First Amendment right to free speech, the US Supreme Court has ruled.

Therapist Kaley Chiles argued that she should be allowed to provide professional counselling for gender confused minors who wish to feel more comfortable in their own bodies, or young people who want to reduce feelings of same-sex attraction.

Colorado’s 2019 conversion therapy law stops counsellors from providing “any practice or treatment” to under 18s to reduce same-sex attraction or gender confusion, or face a fine of up to $5,000 and risk suspension and loss of their licence to practice.

Viewpoint discrimination

Chiles noted that her young clients “often want to discuss issues of gender and sexuality”, and said: “Counselors walking alongside these young people shouldn’t be limited to promoting state-approved goals like gender transition, which often leads to harmful drugs and surgeries.

“The Supreme Court’s ruling is a victory for counselors and, more importantly, kids and families everywhere.”

The ruling described the conversion therapy law as “viewpoint discrimination”, and an “egregious assault” on free speech.

The Court opinion stated: “The First Amendment stands as a shield against any effort to enforce orthodoxy in thought or speech in this country”.

Free speech

Religious liberty group Alliance Defending Freedom (ADF), who represented Chiles, called the ruling a “monumental decision” for free speech.

It explained that the ruling “will help protect counselors from similar laws in more than 20 states and over 100 localities across the country, freeing them to help struggling youth seeking professional guidance.”

ADF’s Chief Legal Counsel Jim Campbell stated: “States cannot silence voluntary conversations that help young people seeking to grow comfortable with their bodies.”

Criminalising prayer

Simon Calvert, Deputy Director of The Christian Institute, said: “The Colorado ban specifically targeted professional counselling, but the Governments at Westminster and Holyrood have both pledged conversion therapy bans which go even further, and risk criminalising ordinary conversations.”

He added: “This has been tried in the Australian state of Victoria where the human rights commission previously said parents who refused to consent to their children going on puberty blockers were committing unlawful conversion therapy and where churches have been issued with guidance telling them to only pray with people in a way which tells them they are ‘perfect as they are’.

“We must learn lessons from what is happening around the world. It should never be illegal for Christians to teach their faith, or for people to pray for their friends.”