Today, the Supreme Court of the United States (SCOTUS) issued an 8-1 decision in Chiles v. Salazar, siding with the plaintiff who challenged Colorado’s law prohibiting conversion therapy on minors and remanding it back down to the lower court to apply a higher standard of review. The expectation is that the law will not meet this higher standard of review to the extent that it regulates protected speech. The law in question, which was signed into law on May 31, 2019, reflects the consensus of major medical organizations that conversion practices are harmful, ineffective, and unsupported by scientific evidence. Interfaith Alliance of Colorado joined our national organization, the Interfaith Alliance, and other religious organizations in an amicus brief in support of Colorado’s statute.
The Interfaith Alliance of Colorado, along with the Interfaith Alliance, continues to oppose conversion therapy. Practices such as conversion therapy masquerade as health care, are at their core anti-LGBTQIA+, and perpetuate immorality and harm. LGBTQIA+ people have described the moral injury, spiritual abuse, and religious trauma they have suffered through conversion practices, describing the profound damage to their relationship with their faith, their family, and their religious community.
You can read our full position statement on conversion therapy and minors here.
It is dubious that this decision was handed down today, on Transgender Day of Visibility. However, in attending a TDOV event at the Capitol when the news broke, Interfaith witnessed a community that immediately went to work to respond and support one another. Instead of despairing, they used this opportunity to highlight what is already happening to protect, support, and uplift LGBTQIA+ individuals across Colorado.
Part of the work that is already happening is around HB26-1322 Civil Actions for Conversion Therapy Survivors. While today’s opinion may change how conversion therapy can be regulated, it is still harmful and unethical. If enacted into law, HB26-1322 will extend the timeline for survivors to bring civil claims against practitioners of conversion therapy. Moves such as these will allow survivors to receive civil remedy for the harm perpetuated against them. As our partner Dr. Jacqueline Stanton, a licensed clinical social worker and local faith leader, shared during her testimony for HB26-1322,
“Underlying these techniques is the assumption that any non-heterosexual, non-cisgender identities are mental disorders. This assumption is not based on medical or scientific fact.”
The Bottom Line on SCOTUS Decision:
- The Supreme Court case is about how conversion therapy can be regulated–not about whether it is safe or legal. Conversion therapy is still considered malpractice and unethical.
- Every major medical organization still condemns conversion therapy as harmful and unethical. That hasn’t changed.
- Bills such as HB26-1322 will allow survivors to hold practitioners of conversion therapy accountable through civil litigation.
While this move by SCOTUS is discouraging, conversion therapy is still illegal, immoral, and unethical. However, therapists and other counselors don’t have a free pass to harm patients.
At Interfaith, we will continue to work in coalition with faith leaders and communities, the LGBTQIA+ community and advocacy organizations, as well as medical professionals to ensure that there are paths towards accountability, empowerment, and safety for those vulnerable to conversion therapy. LGBTQIA+ youth deserve to be protected, uplifted, and celebrated in health care, in their faith communities, and beyond. We call upon people of faith and conscience to join us in making this a reality and being a Force for Good in Colorado.