US Supreme Court Declines to Review Challenge to Colorado's Ban on Conversion Therapy for Minors
WASHINGTON D.C. – The United States Supreme Court announced Monday its decision to decline hearing an appeal concerning Colorado's state-wide ban on "conversion therapy" for LGBTQ minors. This action means that the state's 2019 law prohibiting licensed medical and mental health professionals from practicing conversion therapy on individuals under 18 years of age will remain in effect.
The Supreme Court's denial of certiorari upholds a previous ruling by the 10th US Circuit Court of Appeals. This appellate court had affirmed a lower federal district court's dismissal of a challenge to the Colorado statute. The case was brought forward by two licensed therapists who argued that the ban infringed upon their religious freedom and free speech rights, claiming it restricted their ability to provide counseling based on their personal and professional beliefs.
Conversion therapy is a practice that aims to change an individual's sexual orientation or gender identity through psychological or spiritual interventions. This practice has faced widespread condemnation from major medical and mental health organizations globally.
- Discreditation by Medical Bodies: Leading organizations, including the American Medical Association, American Psychological Association, American Psychiatric Association, and the American Academy of Pediatrics, have broadly discredited conversion therapy. They consider it to be ineffective, harmful, and unethical. The Pan American Health Organization, a regional office of the World Health Organization, also deems the practice a severe threat to the health and well-being of affected individuals.
- Colorado's Law: Enacted in 2019, Colorado's ban specifically targets licensed professionals, making it unlawful for them to conduct conversion therapy on minors. The law's proponents argue it protects vulnerable youth from practices that can lead to significant psychological distress, depression, and suicidal ideation.
- Legal Arguments: The therapists challenging the law contended that it violated their First Amendment rights, asserting that the state could not restrict their counseling practices based on their deeply held religious convictions or the content of their speech with clients.
The Supreme Court's decision not to intervene leaves the 10th Circuit's ruling as the final word on the matter within its jurisdiction. While the denial of a writ of certiorari does not establish a national precedent on the constitutionality of such bans, it allows Colorado's law, and similar legislation in other states, to stand without further federal challenge at the nation's highest court.
Currently, over 20 US states, alongside the District of Columbia, have enacted similar prohibitions on conversion therapy for minors. These legislative efforts are largely supported by LGBTQ+ rights advocates who emphasize the documented harm such practices inflict on youth. Conversely, opponents of these bans often raise concerns about potential infringements on religious freedom and parental rights. Justice Samuel Alito noted his dissent from the Supreme Court's decision not to hear the appeal, though no explanation for his position was immediately provided.