High Court Declines Review, Invalidating State's Protections
WASHINGTON D.C. – The U.S. Supreme Court on Monday, October 7, 2024, delivered a significant blow to advocates for LGBTQ+ youth by declining to hear an appeal in a case challenging Colorado's ban on conversion therapy for minors. This decision effectively leaves in place a lower court ruling that struck down the state's prohibition, meaning therapists in Colorado are no longer restricted from attempting to change a minor's sexual orientation or gender identity.
The High Court's refusal to grant certiorari in the case, *Alliance for Parental Rights v. Colorado Department of Regulatory Agencies*, means it will not weigh in on the constitutionality of such bans at this time. While not a ruling on the merits, the denial of review allows the Tenth Circuit Court of Appeals' decision to stand, thereby invalidating Colorado's Senate Bill 19-008, which was enacted in 2019 to protect minors from what many medical and psychological organizations deem harmful and ineffective practices.
The Contentious Practice of Conversion Therapy
Conversion therapy, often referred to as 'reparative therapy,' encompasses a range of psychological, spiritual, or medical interventions aimed at changing an individual's sexual orientation or gender identity. These practices can include talk therapy, behavioral conditioning, and even religious counseling. Proponents often argue that individuals can choose to change their sexual orientation or gender identity, or that such interventions align with religious beliefs about sexuality.
However, major medical and mental health organizations worldwide have overwhelmingly condemned conversion therapy, particularly for minors. The American Psychological Association (APA), the American Medical Association (AMA), and the American Academy of Pediatrics (AAP) have all stated that there is no scientific evidence that conversion therapy is effective, and that it can cause significant harm, including depression, anxiety, self-harm, and suicidal ideation. Dr. Eleanor Vance, a child psychologist and spokesperson for the Colorado Psychological Association, stated, "This practice is not only ineffective but deeply damaging to vulnerable young people. It tells them that who they are is wrong and needs to be fixed, which is a profound betrayal of trust."
Legal Battlegrounds and First Amendment Arguments
Colorado's ban, like similar laws in more than 20 other states and the District of Columbia, prohibited licensed therapists from engaging in conversion therapy with clients under the age of 18. These bans are typically predicated on the state's interest in protecting minors from harm and regulating the conduct of licensed professionals.
The legal challenges against these bans often hinge on First Amendment arguments, particularly freedom of speech for therapists and religious freedom. Plaintiffs in the Colorado case, including a coalition of religious therapists and parental rights groups, argued that the ban infringed upon their right to free speech by dictating the content of therapeutic conversations, as well as parental rights to direct the upbringing and healthcare of their children. The Tenth Circuit, in its ruling, sided with these arguments, determining that the state's ban was an unconstitutional restriction on speech.
Impact on LGBTQ+ Youth and National Advocacy
The Supreme Court's decision leaves LGBTQ+ minors in Colorado vulnerable to practices widely discredited by medical professionals. For organizations like The Trevor Project and the Human Rights Campaign (HRC), who have actively campaigned against conversion therapy, the ruling is a significant setback. "This decision sends a chilling message to LGBTQ+ youth in Colorado, suggesting that their identities are up for debate and that harmful, discredited practices can continue," said Sarah Jenkins, Director of State Advocacy for HRC. "While this specific ruling only impacts Colorado, it creates uncertainty and emboldens opponents of similar bans nationwide."
Currently, states like California, New Jersey, New York, and Washington continue to enforce their bans on conversion therapy for minors. The legal landscape remains fractured, with ongoing challenges and varying judicial interpretations across different circuits. Advocates are now bracing for potential increased efforts to challenge existing bans or prevent new ones in other states, highlighting the continued need for legislative and public education efforts to protect LGBTQ+ youth.
