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Yahoo
13-03-2025
- Politics
- Yahoo
Blue state's LGBT 'conversion therapy' ban violates Constitution, 'very easy case' for SCOTUS, says expert
The U.S. Supreme Court this week decided to take up a case challenging a Colorado law banning so-called "conversion therapy" after a licensed Christian therapist, Kaley Chiles, claimed the law violated her First Amendment rights. The case in question, Chiles v. Salazar, comes less than two years after the Supreme Court declined to take up a similar case challenging a law in Washington state that bars licensed therapists from practicing "conversion therapy" on minors. In that case, conservative Justices Clarence Thomas, Samuel Alito and Brett Kavanaugh dissented from the opinion to not take it up, saying they would have granted it review. "A practicing Christian, Chiles believes that people flourish when they live consistently with God's design, including their biological sex," the Supreme Court noted in its writ of certiorari accepting the case. "Many of her clients seek her counsel precisely because they believe that their faith and their relationship with God establishes the foundation upon which to understand their identity and desires. But Colorado bans these consensual conversations based on the viewpoints they express." Soros-backed Judge Defends Reduced Sentence For Repeat Child Molester At Debate In State Supreme Court Race According to the writ, the question to be considered at oral arguments before the court is, "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." Heritage Foundation legal scholar Sarah Parshall Perry said the law is a "very clear First Amendment violation" and that the state legislature has essentially set up a "constitutional challenge based on viewpoint discrimination." Read On The Fox News App "The state of Colorado has averred that the legislature has determined that the standard of care for these individuals should not be anything other than affirmation of their desires for homosexual orientation or a divergent gender identity, and this herein really lies the rub," Perry told Fox News Digital in an interview. "and that's exactly how the petitioner, Kaley Chiles, has presented it here. She said, essentially, in layman's terms, on the one side, you're allowing conversations to do nothing but affirm." The Colorado Attorney General's Office filed an amicus brief in support of the state's Minor Conversion Therapy Law, which was enacted in 2019. The legislation specifically prevents mental health professionals from engaging in "conversion therapy" with minors. Scotus Turns Down Abortion Clinic Buffer Zone Challenge, Thomas Slams 'Abdication' Of Duty "Conversion therapy," according to the legislation, is defined as "any practice or treatment by a licensed physician specializing in the practice of psychiatry that attempts or purports to change an individual's sexual orientation or gender identity, including efforts to change behaviors or gender expressions or to eliminate or reduce sexual or romantic attraction or feelings toward individuals of the same sex." The law says that "conversion therapy" does not include counseling that helps individuals explore their gender identity, receive social support, or cope with personal challenges, as long as the counseling does not attempt to change a person's sexual orientation or gender identity. The law also permits assistance for individuals undergoing gender transition, as long as the counseling is not focused on altering their sexual orientation or gender identity. "In Colorado, we are committed to protecting professional standards of care so that no one suffers unscientific and harmful so-called gay conversion therapy. Colorado's judgment on this is the humane, smart, and appropriate policy and we're committed to defending it," Colorado Attorney General Phil Weiser said in a statement about the case. Anti-trump Measure Ignores 'Rising Crime' And 'Cost Of Living,' Blue State Gop Officials Charge While this is one of several recent cases SCOTUS has accepted to hear that deals with gender ideology issues – a culture war issue President Donald Trump has weighed in on through several executive actions since taking office – it also bucked several high-profile petitions last week, including Maryland's ban on semi-automatic firearms and Rhode Island's ban of high-capacity magazines. "It's not in any way emblematic of the fact that there is a conservative in the White House, simply because these justices, three of them, have been appointed by this particular POTUS, I don't think has any bearing one way or the other, and they have been very strong on the First Amendment," Perry said. "This, to my mind, should be a very easy case."Original article source: Blue state's LGBT 'conversion therapy' ban violates Constitution, 'very easy case' for SCOTUS, says expert


Fox News
13-03-2025
- Politics
- Fox News
Blue state's LGBT 'conversion therapy' ban violates Constitution, 'very easy case' for SCOTUS, says expert
The U.S. Supreme Court this week decided to take up a case challenging a Colorado law banning so-called "conversion therapy" after a licensed Christian therapist, Kaley Chiles, claimed the law violated her First Amendment rights. The case in question, Chiles v. Salazar, comes less than two years after the Supreme Court declined to take up a similar case challenging a law in Washington state that bars licensed therapists from practicing "conversion therapy" on minors. In that case, conservative Justices Clarence Thomas, Samuel Alito and Brett Kavanaugh dissented from the opinion to not take it up, saying they would have granted it review. "A practicing Christian, Chiles believes that people flourish when they live consistently with God's design, including their biological sex," the Supreme Court noted in its writ of certiorari accepting the case. "Many of her clients seek her counsel precisely because they believe that their faith and their relationship with God establishes the foundation upon which to understand their identity and desires. But Colorado bans these consensual conversations based on the viewpoints they express." According to the writ, the question to be considered at oral arguments before the court is, "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." Heritage Foundation legal scholar Sarah Parshall Perry said the law is a "very clear First Amendment violation" and that the state legislature has essentially set up a "constitutional challenge based on viewpoint discrimination." "The state of Colorado has averred that the legislature has determined that the standard of care for these individuals should not be anything other than affirmation of their desires for homosexual orientation or a divergent gender identity, and this herein really lies the rub," Perry told Fox News Digital in an interview. "and that's exactly how the petitioner, Kaley Chiles, has presented it here. She said, essentially, in layman's terms, on the one side, you're allowing conversations to do nothing but affirm." The Colorado Attorney General's Office filed an amicus brief in support of the state's Minor Conversion Therapy Law, which was enacted in 2019. The legislation specifically prevents mental health professionals from engaging in "conversion therapy" with minors. "Conversion therapy," according to the legislation, is defined as "any practice or treatment by a licensed physician specializing in the practice of psychiatry that attempts or purports to change an individual's sexual orientation or gender identity, including efforts to change behaviors or gender expressions or to eliminate or reduce sexual or romantic attraction or feelings toward individuals of the same sex." The law says that "conversion therapy" does not include counseling that helps individuals explore their gender identity, receive social support, or cope with personal challenges, as long as the counseling does not attempt to change a person's sexual orientation or gender identity. The law also permits assistance for individuals undergoing gender transition, as long as the counseling is not focused on altering their sexual orientation or gender identity. "In Colorado, we are committed to protecting professional standards of care so that no one suffers unscientific and harmful so-called gay conversion therapy. Colorado's judgment on this is the humane, smart, and appropriate policy and we're committed to defending it," Colorado Attorney General Phil Weiser said in a statement about the case. While this is one of several recent cases SCOTUS has accepted to hear that deals with gender ideology issues – a culture war issue President Donald Trump has weighed in on through several executive actions since taking office – it also bucked several high-profile petitions last week, including Maryland's ban on semi-automatic firearms and Rhode Island's ban of high-capacity magazines. "It's not in any way emblematic of the fact that there is a conservative in the White House, simply because these justices, three of them, have been appointed by this particular POTUS, I don't think has any bearing one way or the other, and they have been very strong on the First Amendment," Perry said. "This, to my mind, should be a very easy case."


Axios
10-03-2025
- Politics
- Axios
How a Supreme Court conversion therapy case could affect California
The U.S. Supreme Court will decide the legality of a state ban on conversion therapy, and that could have far-reaching implications for the LGBTQ+ community across the U.S and in California. The big picture: The conservative-led court agreed Monday to hear a challenge to Colorado's law banning conversion therapy. The case hinges on whether state bans violate the free speech rights of licensed providers who attempt to change a child's gender identity or sexual orientation through counseling. Context: Kaley Chiles, a Christian counselor, is arguing Colorado's restriction against licensed mental health professionals engaging in conversion therapy for minors goes against the First Amendment. LGBTQ+ advocates, major medical and mental health organizations have condemned the practice as harmful, discriminatory and ineffective. Between the lines: California became the first state in 2012 to ban conversion therapy on minors. A ruling overturning Colorado's law could open the door to similar legal challenges, undermining protections against a harmful practice under the guise of religious freedom, said Francisco Buchting, vice president of grants, programs, and communications at the San Francisco-based Horizons Foundation. "We know it's associated with higher rates of depression and suicide attempts. The lifetime harm that folks have been subjected to is most equivalent to torture," Buchting added. The other side: Chiles' attorneys argued that Christian clients seek her "Christian-based counseling" on questions about their sexuality if it conflicts with their faith, noting she works only with "voluntary clients" whom she shares values with. The intrigue: The high court's eventual decision could deal a major setback for the LGBTQ+ community, which the Trump administration has been targeting with actions undermining trans and nonbinary rights. Zoom in: The San Francisco metro area was already home to the highest concentration of LGBTQ+ people in the country, and more people have relocated in recent years after fleeing states with restrictive policies, local LGBTQ-serving groups have told Axios. Yes, but: Despite living in a state with stronger civil rights protections, LGBTQ+ people in California have been reeling from federal efforts to combat what Trump calls " gender ideology extremism." Stunning stat: In California, 35% of LGBTQ+ youth seriously considered suicide in the past year, according to The Trevor Project, a crisis intervention organization for LGBTQ+ youth. Zoom out: More than 20 states have bans on subjecting minors to conversion therapy. But some 13% of LGBTQ+ young people who were surveyed by the Trevor Project in 2024 reported being threatened with or subjected to the practice. What's next: The court will hear the case in its new term, which begins in October, meaning a decision likely won't come until summer 2026.
Yahoo
10-03-2025
- Health
- Yahoo
Supreme Court to consider overturning Colorado ban on LGBTQ+ "conversion therapy"
The Supreme Court decided Monday to hear a challenge to a Colorado law banning "conversion therapy" for LGBTQ+ youth and young people questioning their sexualities or gender identities. The challenge to the 2019 law came from Christian therapist Kaley Chiles, who argued that its restriction on mental health care providers administering conversion therapy to people under the age of 18 violates her First Amendment right to free speech. Both a federal judge and a panel of the 11th Circuit Court of Appeals in Denver previously ruled to uphold the ban. A ruling from the Supreme Court could have a nationwide impact. More than 20 states have banned the practice, which presses LGBTQ+ minors into disavowing their sexualities or identifying with the gender they were assigned at birth. Critics of conversion therapy liken it to "torture." In a 2020 report, Victor Madrigal-Borloz, the United Nations' independent expert on sexual orientation and gender identity, called for the "extremely harmful" practice to be banned globally, citing the "pain and suffering" often inflicted on its targets. The court will hear oral argument and decide the case in it's next term, which begins in October. In her petition, lawyers for Chiles say that the therapist frequently has clients who seek her counseling over concerns about their sexualities and gender identities and a belief that "their faith and their relationship with God establishes the foundation upon which to understand their identity and desires." "The government has no business censoring private conversations between clients and counselors, nor should a counselor be used as a tool to impose the government's biased views on her clients," Kristen Waggoner, the president of the conservative Christian advocacy group representing Chiles, Alliance Defending Freedom, told NBC News in a statement. Colorado officials argue, however, that the law regulates physicians' conduct — not speech. They note in their brief that neither of the state's regulatory boards have received a complaint about Chiles' counseling nor have taken any action against her because of it. The 'First Amendment allows states to regulate the professional practice of conversion therapy, like other unsafe and ineffective health care treatments, to protect minor patients from substandard professional care," lawyers for Colorado wrote. The Supreme Court has routinely denied previous challenges to conversion therapy bans, the most recent incident being in December 2023, when it rejected a challenge to a Washington state law. The Alliance Defending Freedom also represented a Colorado web designer who challenged a state anti-discrimination law because she did not want to create websites for same-sex weddings. The Supreme Court ruled in her favor in 2023.
Yahoo
10-03-2025
- Politics
- Yahoo
Supreme Court takes up challenge to Colorado conversion therapy ban
WASHINGTON — The Supreme Court on Monday agreed to hear a challenge to a law in Colorado that bans 'conversion therapy' aimed at young people questioning their sexual orientation or gender identity. With more than 20 states with similar bans, the court's eventual ruling is likely to have nationwide implications. The justices took up an appeal brought by Kaley Chiles, a Christian therapist, who argued that the restriction violates her free speech rights under the Constitution's First Amendment. Favored by some religious conservatives, the practice is aimed at encouraging gay or lesbian minors to change their sexual orientations and transgender children to identify as the gender identities assigned to them at birth. Chiles often has clients who are Christians, some of whom have questions about their sexual orientation and gender identity amid concerns that they are unable to live their lives in accordance with their faith, according to court papers. As such, they seek counseling to suppress unwanted sexual attractions or to resolve conflicts about their gender identity. "The government has no business censoring private conversations between clients and counselors, nor should a counselor be used as a tool to impose the government's biased views on her clients," Kristen Waggoner, president of Alliance Defending Freedom, a conservative Christian advocacy group representing Chiles, said in a statement. Chiles' lawyers cite in part the Supreme Court's 2018 ruling that struck down on free speech grounds a California law that required anti-abortion pregnancy clinics to notify clients about abortion access. The lawyers argue that the bans have 'devastating real world consequences' including on rare cases of 'detransitioners' — the small proportion of transgender people who change course and wish to identity as the gender they were assigned at birth. Limiting counseling options communicates to 'countless minors they have no choice but to medically transition,' the lawyers said. Colorado officials wrote in their brief that the state measure regulates conduct, not speech. "States have long regulated medical practices to protect patients from harmful professional conduct," Colorado Attorney General Phil Weiser, a Democrat, said in a statement. "Colorado's law protecting young people from unscientific and cruel gay conversion therapy practices is human, smart, and appropriate.' A federal judge and the Denver-based 10th U.S. Circuit Court of Appeals both ruled in favor of the state. The Supreme Court has on several occasions refused to take up challenges to similar conversion therapy bans, most recently in December 2023, when it left a law in Washington state in place. Three conservative justices said at that time they would have taken up the case. The new case will be argued and decided in the court's next term, which starts in October and ends in June 2026. This article was originally published on