This week, the Supreme Court heard arguments in Chiles v. Salazar, a
Colorado case that may well impact the viability of “conversion therapy”
bans. Conversion therapy is a dangerous practice that relies on the idea that
a person’s sexual orientation or gender identity can and should be changed
through a form of counseling.
All major medical associations, including the American Psychological
Association, consider the practice as tantamount to abuse. More than 20
states, including Colorado, have enacted statewide bans on the practice.
Though bills have been introduced in successive legislative sessions here in
Texas, a similar effort has consistently failed to progress out of the Texas
House.
Now, a test case that seeks to overturn bans on this horrific practice has
been sent to the Supreme Court. If the questions asked by justices are
anything to go by, we may have reason to worry.
The heart of Chiles v. Salazar is whether states can prohibit licensed
therapists from offering conversion therapy to minors without infringing on
free speech rights. Opponents of the bans argue that these laws restrict the
rights of therapists. To be clear, the Colorado law does not extend to religious
counselors – only licensed mental health professionals.
But for LGBTQIA+ youth, the issue isn’t academic. It’s life and death.
Multiple peer-reviewed studies have shown that LGBTQIA+ youth who are
subjected to conversion therapy are at significantly higher risk for
depression, anxiety, substance use and suicide attempts. The Trevor Project
reports that LGBTQIA+ youth who underwent conversion therapy were more
than twice as likely to attempt suicide compared to their peers who did not.
This isn’t just about speech: it’s about survival.
If the Supreme Court rules that these bans violate the First Amendment, the
consequences could be sweeping. At worst case, existing bans in 20 states
could be overturned and future legislative efforts to ban the practice in Texas
and elsewhere would be stymied. This would send a devastating message to
LGBTQIA+ youth that their identities are up for debate, and that the
government will not step in to protect them from practices that credible
mental health professionals have condemned as abusive.
Once again under this conservative Supreme Court, the excruciating wait for
a decision begins for LGBTQIA+ Americans. The wait is particularly
devastating for trans youth whose safety, dignity, and very identities have
become the subject of political whims. This case isn’t just a legal question.
It’s a moral one. No young person should have to endure abuse under the
false banner of care.
