Supreme Court agrees to hear challenge to Colorado conversion therapy ban
First posted April 21, 2025 9:11am EDT
Last updated April 21, 2025 9:11am EDT
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The U.S. Supreme Court agreed to hear a case concerning a Christian therapist who alleged that Colorado’s ban on “conversion therapy” violated the private relationship between counselor and client.
Key Players
Kaley Chiles, a licensed counselor in Colorado Springs, focuses on various clinical areas, including addiction and family conflict. Her website lists “Christian” and “military” as “cultural competencies.”
Patty Salazar, the executive director of Colorado’s department of regulatory agencies, was appointed by Governor Jared Polis (D) in January 2019, leading the state’s umbrella regulatory authority and consumer protection agency.
Further Details
Conversion therapy practices may range from psychotherapy to gender-affirming surgeries in an effort to push LGBTQ+ individuals toward heterosexuality.
In May 2019, Polis signed the Minor Conversion Therapy Law (MCTL), preventing state-licensed medical professionals from using conversion therapy on patients under 18 years old “in order to change their sexual orientation or gender identity.” Colorado was the 18th state to ban conversion therapy for minors.
“Colorado has finally taken the significant step in protecting our LGBTQ youth by banning the dangerous and discredited practice of conversion therapy,” stated Daniel Ramos, then-executive director of One Colorado, a state LGBTQ+ rights organization, adding, “Mental health care should be ethical and affirming for all people – including LGBTQ young people. I applaud the Colorado General Assembly for their bipartisan support of this measure.”
Medical professionals, including mental health specialists, who violate the MCTL could face penalties ranging from fines to license revocation.
In September 2022, Chiles sought a preliminary injunction against enforcement of the MCTL, arguing the law violated her Free Speech rights and free exercise of religion. The motion named Salazar in her official capacity as the defendant.
Chiles asserted that as a Christian, the MCTL had a “‘chilling effect’” on her conversations with clients who expressed the desire “‘to reduce or eliminate unwanted sexual attractions.’” Conversion therapy, the lawsuit noted, might include “techniques based in Christian faith-based methods.”
Ultimately, in December 2022, U.S. District Court Judge Gordon P. Gallagher found that Chiles’ claims of censorship and religious persecution were not warranted. Gallagher, a nominee of former President Joe Biden, affirmed that the MCTL regulated “professional conduct, not speech,” in alignment with the idea “that conversion therapy is ineffective and harms minors” who identified as LGBTQ+.
Chiles then appealed her case to the U.S. Court of Appeals for the 10th Circuit, which upheld Gallagher’s ruling. In September 2024, Judges Harris L. Hartz (nominated by former President George W. Bush), Nancy L. Moritz (nominated by former President Barack Obama), and Veronica S. Rossman (nominated by Biden) further clarified that the MCTL prohibited “licensed professionals from engaging in a certain therapeutic treatment with their minor clients,” not discussions about conversion therapy.
In November 2024, Chiles filed a petition for a writ of certiorari requesting the U.S. Supreme Court hear an appeal. The petition underscored her devotion to her faith, particularly the notion that “people flourish when they live consistently with God’s design, including their biological sex.” It stated that clients were drawn to Chiles because they agreed that “their relationship with God establishes the foundation upon which to understand their identity and desires.”
The petition also highlighted the struggle of some clients, who were “living ‘inconsistent with their faith or values,’ resulting in internal conflict, depression, and anxiety,” and thus sought “Christian-based counseling” to make life more “fulfilling.”
Outcome
Colorado AG reaffirms MCTL as constitutional
On Jan. 6, 2025, Colorado Attorney General Phil Weiser affirmed the state’s stance on conversion therapy and the constitutionality of the MCTL.
“In Colorado, we are committed to protecting professional standards of care so that no one suffers unscientific and harmful so-called gay conversion therapy,” Weiser said. “Colorado’s judgment on this is the humane, smart, and appropriate policy and we’re committed to defending it,” Weiser said.
U.S. Supreme Court agrees to hear case
In the past, the U.S. Supreme Court has declined to hear similar cases related to conversion therapy restrictions. For instance, in December 2023, the Court refused to hear Tingley v. Ferguson, a case challenging Washington state’s ban on conversion therapy, despite objections by Justices Samuel Alito, Brett Kavanaugh, and Clarence Thomas.
But on March 10, 2025, the Court agreed to hear the challenge to the MCTL.
More than 20 states and 100 municipalities have regulations banning conversion therapy in some capacity. The Court’s decision in Chiles v. Salazar could potentially have far-reaching implications for the status of these laws. Some have speculated that a ruling would take place in 2026.
As of April 21, 2025, there were no further developments.