Almost 200 Democratic lawmakers have urged the US Supreme Court to uphold existing bans on conversion therapy for minors, currently in place across 27 states, Washington D.C., and Puerto Rico.
An amicus brief, filed this week by 167 House members and 20 senators, asks the court to reject a challenge to Colorado’s ban. The case comes from Kaley Chiles, a Christian licensed counsellor who argues the ban prevents her from offering guidance to clients with so-called “unwanted same-sex attractions or gender identity confusion.”
Chiles’ lawsuit is being supported by the Alliance Defending Freedom (ADF), the influential conservative legal group behind several major “religious freedom” cases, including those that overturned federal abortion protections.
Protecting professional standards
The Democrats’ brief argues that Colorado’s ban has been misrepresented as a free speech issue, when in reality it is about the state’s right to enforce professional standards of care.
While counselling involves speech, the brief stresses that the Supreme Court has long distinguished between protected personal speech and regulated professional conduct.
The Colorado law aligns with medical consensus: conversion therapy has been condemned by every major US medical body, including the American Medical Association, American Psychological Association, American Psychiatric Association, and the American Academy of Child and Adolescent Psychiatry.
“These laws are aimed at halting a range of discredited practices that have long been known to cause significant and lasting psychological harm to patients,” the brief states. “Licensed practitioners should not be performing them.”
False promises and false advertising
The lawmakers also note that states have long acted against fraudulent or deceptive practices. Conversion therapy providers frequently promise that patients can “heal” from being gay or trans — claims that have been debunked and disavowed for decades.
“In seeking care, patients should be confident their providers are not attempting to ‘change’ them to fit their own religious beliefs,” the brief continues.
Crucially, the law does not restrict religious advisers from discussing such views in non-medical settings — it applies only to licensed healthcare providers.
High-profile support
Among the signatories are several openly LGBTQ+ members of Congress, including Sen. Tammy Baldwin (WI), Rep. Becca Balint (VT), Rep. Angie Craig (MN), Rep. Robert Garcia (CA), Sarah McBride (DE), Mark Pocan (WI), Mark Takano (CA), and Ritchie Torres (NY).
Rep. Takano, chair of the Congressional Equality Caucus, stressed the importance of protecting young people:
“More than 20 states have already acted to protect LGBTQI+ youth from the very real harms of so-called conversion therapy. The Supreme Court must uphold these laws and allow them to continue protecting young people from cruel practices opposed by every major medical association.”
The case could have sweeping consequences for LGBTQ+ rights across the US, particularly in states where bans are already in place.
