The justices agreed that the law raises free speech concerns and sent it back to a lower court to decide if it meets a legal standard that few laws pass.

It’s the latest in a line of recent cases in which the justices have backed claims of religious discrimination while taking a skeptical view of LGBTQ rights.

Counselor Kaley Chiles, with support from President Donald Trump’s Republican administration, said the law wrongly bars her from offering voluntary, faith-based therapy for kids.

Chiles contends her approach is different from “conversion therapy” practices from decades ago, like shock therapy. Her attorneys argued that the ban makes it hard for parents to find therapists willing to discuss gender identity with kids unless the counseling affirms transition.

Colorado disagreed, saying its law does allow wide-ranging conversations about gender identity and sexual orientation and exempts religious ministries. The state says the measure simply bars using therapy to try to “convert” LGBTQ people to heterosexuality or traditional gender expectations, a practice that has been scientifically discredited and linked to serious harm.

The law doesn’t violate the First Amendment, Colorado argued, because therapy is different from other types of speech since it’s a form of health care that the state has a responsibility to regulate.

The 2019 law carries the possibility of fines and license suspension, but no one has been sanctioned under it. The ruling is expected to eventually make similar laws in other states unenforceable.

Posted by cmaia1503

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49 Comments

  1. Important to note that the case isn’t actually done yet. If I read it correctly, it’s gonna be reheard in a lower court based on the free speech aspect, so the ban isn’t overturned yet, I believe.

    That said, still fucking sucks two liberal justices voted for it. And on Trans Day of Visibility, as well, it’s gotta be on purpose.

  2. icewitchenjoyer on

    Brown Jackson was the only dissenting justice. you don’t expect much from this court but not even Sotomayor and Kagan dissenting is a new low.

  3. ObviousDisaster2353 on

    This is disgusting. We are in a White Christian Nationalist country folks.

    Do not forgive these people. Family, friends, lovers, none of them. They wanted to hurt others. They do not deserve the benefit of the doubt. They also do not deserve charity, there are so many others who did not vote for this people can donate to and participate in mutual aid with. It is not admirable to help trumpers when non trumpers are suffering.

  4. CriticalFlatworm9 on

    Faith-based “therapy” for children is never voluntary. It’s always adults pressuring or forcing them into it, even if they claim otherwise. Highly religious children are also indoctrinated from a young age, which is also never voluntary. No such thing. Voluntary implies the child has a choice.

  5. Global_Crew3968 on

    Child abuse is free speech? From the Supreme Court protecting a child rapist?? Interesting 

  6. innocentsalad on

    The law had unfortunately always given parents a lot of control over their “property.”

  7. As a therapist, faculty, and trauma researcher

    This shit just fucks people up. Its not real

  8. JustHereForCatss on

    Okay cool seven to use my freedom of speech to say that we should send all of the government officials to conversion therapy reeducation camps to re-educate them on how not to KILL FUCKING KIDS

  9. eldritchangel on

    This is the type of conversion therapy I was put in as a young teen and I almost didn’t make it out. I feel so horrified for today’s kids

  10. faeriedustdancer on

    Sotomayor and Kagan can fuck themselves in particular. I expect this from the others but really what a shameful ruling to put your name on

  11. Love the liberal justices (except Jackson) treating torturing kids as a fun thought experiment. The right wing of the court would never cede ground to the liberals this way lol. Completely delusional about this moment in every way

  12. fancysauce_boss on

    READ IT !

    They ruled that the lower courts don’t do their job well enough to make the ruling they did. Essentially the sent it back down to the lower courts and told them “Explain your decision more thoroughly”.

  13. As someone that has been in talk therapy for the bulk of my teenage years through my adult life, the idea that it falls into the conventional bucket of free speech regulation makes no fucking sense at all. Not completely surprised by the decision with the larger court leaning, but I cannot believe this was 8-1.

  14. mettiusfufettius on

    STATE’S RIGHTS!!!! Right Republicans??? If the state has the right to ban a woman from receiving a critical medical procedure, then the state should have the right to ban a specific talking therapy, no?

  15. Junior_Chard9981 on

    Evangelicals and MAGA are hell bent on de-funding universities because they are “liberal indoctrination centers” while they defend the existence of actual right wing indoctrination centers & camps.

    “It’s brainwashing when you teach kids history in school but it’s not brainwashing when we take kids and put them in a summer camp that convinces them same sex relationships are a sin against God.”

  16. Gay conversion therapy? what year is it? are they going to legalize burning witches next?

  17. Sure… “Talk therapy”… But the main problem is when talk therapy doesn’t give them the results they want, and so they move on to physical avoidance therapy like electroshocks, burning them or ice baths…

  18. _Legend_Of_The_Rent_ on

    Freedom of religion is an important right to have, but its interpretation has consistently been way too broad. Churches are allowed to lie and scam without consequence and here they’re trying to get the right to torture kids. Freedom of religion is incomplete without citizens also having freedom *from* religion

  19. I’m not sure what this means but i feel like counseling would be a good idea. Obviously the pray the gay away therapy is insane. Not sure what the wording is in the law.

  20. before_the_accident on

    None of those supreme court justices ever had to go to conversion therapy. Thank you, Justice Ketanji Brown Jackson for being the lone person on the court with integrity.

    Justices Sotomayor and Kagan, we see you and what you voted for.

  21. Frozen_Thorn on

    This seems to be the result of a poorly worded bill by Colorado. Hopefully they can find a different way to end conversion therapy. The entire Troubled Teen industry is an abomination and needs to be outlawed.

  22. Lower_Bar5210 on

    Wait, I thought Trump loved LGBTQ people and they loved him? Why would he do this?

  23. workerscompbarbie on

    But if your fine with your child being trans and want to find them care, then parents rights are out the window and now it’s abuse!

    Sure.

  24. RainbowSnapdragons on

    And as soon as that kid turns 18 the parents will be like “I don’t understand why my child won’t speak to me anymore???”

  25. If an LGBT teenager were to argue that being forced into conversion therapy violates their religious beliefs, would that stand in court? Probably not, because right-wingers don’t think children should have rights.

  26. This is why you should go no contact with parents that are full maga. They don’t care about your safety why should you care that they are sad that you don’t talk to them.

  27. lezbehonest787 on

    I’m 37 and still trying to undo the harm my talk conversion therapy at 15 caused, but go off I guess, Supreme Court.

  28. Artistic_Skill1117 on

    This “therapist” is going to see people, and her “Therapies” aren’t going to work. As a result, there will be people who saw her, who will recommend against seeing her because they came to a therapist to understand themselves, not to be told they are wrong.

    I hope eventually no one goes to see her for anything as a bad therapist. Try as Republicans may, Christianity is going down so the number of people who are going to willingly take their kid, or go to her will dry up.

  29. Angry_Scotsman7567 on

    Maybe the reason all the therapists affirm transition for trans kids is because

    # it is good for trans people

  30. proveitorshoveit on

    It’s being remanded to the lower court because the incorrect scrutiny was applied. This is not a ruling in favor of conversion therapy

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