Supreme Court Set to Address Challenge to Colorado’s Ban on Conversion Therapy

Conversion therapy is a highly controversial topic. It involves an attempt to shift a person’s sexual orientation or gender identity through various methods. Historically, conversion therapy has targeted children or young adults who are attracted to the same sex. It stems from a pseudoscientific argument that sexuality and gender identity can and should be changed to align with heterosexual and cisgender norms. The idea that sexual identity can be changed first gained traction in 2001 when psychiatrist Robert L. Spitzer argued that some homosexual individuals could change their sexual orientation. 

Which States Ban Conversion Therapy?

Many so-called “blue states” have banned conversion therapy for minors. These include California, New York, and Colorado. However, some red states have also banned the therapy, including Texas. Some states are still in the process of finalizing their laws on conversion therapy. As we will see, even states that have established bans may experience Supreme Court challenges. 

Supreme Court Hears Challenge to Colorado’s Ban on Conversion Therapy

In 2022, a Christian counselor sued the Colorado government for its conversion therapy ban. This woman claimed that her faith-based counseling falls into the category of conversion therapy under Colorado law and that this ban, therefore, represents religious discrimination. She also highlighted the fact that therapy that encourages gender transitions is perfectly legal in Colorado, and she implies that this represents a double standard. 

The counselor claims that she does not force her clients to do anything. Instead, she argues that her therapy sessions revolve around constructive discussions about objectives, goals, and spiritual values. She also maintains that her clients voluntarily seek her out due to conflicts between their Christian faith and their sexuality. 

However, the Colorado law actually expressly prohibits licensed psychologists and therapists from engaging in what it calls “conversion therapy.” The ban does not apply to actions or statements from parents, clergy members, or others, and the Christian counselor would appear to fall into this latter group and hence not be subject to the law.

This latest case is a notable development for LGBTQ+ rights, because the Supreme Court often completely declines to hear cases involving this practice. The Christian counselor is represented by a legal group called Alliance Defending Freedom (ADF), a group that has gained notoriety for its many legal victories against LGBTQ+ rights over the years. It remains to be seen whether this case will become yet another victory for the conservative, Christian legal group which is classified as a hate-group by the Southern Poverty Law Center.

The Goal of the Universal Life Church

Each week, the Universal Life Church’s blog focuses on documenting the most noteworthy cases involving the required separation between church and state, and other constitutional rights. Many fear that the Supreme Court’s current conservative supermajority could erode these constitutional rights, especially in the area of LGBTQ+ rights. Our blog focuses on describing matters in a way that objectively examines both sides and which can be easily understood by readers.