The U.S. Supreme Court has ruled against a ban on LGBTQIA+ conversion practices in the state of Colorado.
The state outlawed the practice in 2019. A Christian therapist challenged the ban on the grounds that it impedes her right to freedom of speech and religion.
A lower court will now decide if the ban is actually overturned.
Here’s what you need to know.
Background
Conversion practices are used to try to suppress or change a person’s identity or sexuality.
They are sometimes known as conversion ‘therapy’.
Colorado banned conversion practices in 2019, defining it as “any practice or treatment... that attempts... to change an individual’s sexual orientation or gender identity”.
Before the Supreme Court ruling, Colorado was among 29 states either legally prohibiting or restricting conversion practices.
Challenge
Last year, Christian counsellor Kaley Chiles brought a case against the ban, arguing it impedes her rights under theFirst Amendment to the U.S. Constitution.
The First Amendment says the U.S. Government cannot make laws to stop people practicing their religion, or to block freedom of speech.
The case escalated to the Supreme Court, which decides how the U.S. Constitution is interpreted.
Chiles said the ban stopped her from “fully explor[ing]” clients’ “experiences around sexuality and gender,” including discussion of their “unwanted sexual attraction, behaviours, or identity”.
The case notes she “employs only talk therapy,” rather than “physical interventions”.
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The judges ruled in Chiles’ favour 8-1, with Justice Neil Gorsuch saying: “However well-intentioned, any law that suppresses speech based on viewpoint represents an ‘egregious’ assault”.
Opposition
Justice Ketanji Brown Jackson voted against the decision, saying: “The Constitution does not pose a barrier to reasonable regulation of harmful medical treatments just because [they come] via speech instead of scalpel.”
Colorado Attorney General Phil Weiser said the decision is a “setback for Colorado’s efforts to protect children and families from harmful and discredited mental health practices”.
National Center for LGBTQ Rights Legal Director Shannon Minter said the ruling “does not mean that conversion therapy is safe or legal.”
What’s next?
Decisions made in Supremecourt cases inform futurerulings.
Conversion therapy bans in other states could similarly be challenged with this case used as precedent.
This specific decision will be sent back to a Colorado court, which will have the power to overturn the ban.
Australia
In Australia, conversion practices have a different status in each state.
