Talk therapy to affirm biological sex defended at Supreme Court

Lawyers representing Colorado counselor Kaley Chiles and the state of Colorado on Tuesday argued a case over how a licensed counselor can help someone experiencing gender confusion. Under state law, mental health professionals are barred from using so-called conversion therapy to help a child affirm their biological sex, even if that is the family’s stated goal when they pursue talk therapy. Counselors who do so could lose their license. Meanwhile, the state does allow counselors to discuss transgender medical interventions and to affirm same-sex attractions expressed by children.

Attorneys for Chiles, the counselor, have argued the law violates her freedom of speech because the state only regulates conversations about gender and sexuality if they affirm Biblical truthbut not those that push children in the opposite direction. The Alliance Defending Freedom, a conservative legal organization, is representing Chiles in the case.

What does the state claim? Lawyers for Colorado have said it is not possible to change a patient’s so-called gender identity or preference. Colorado Attorney General Phil Weiser said the law is intended to protect people from discredited practices and allows anyone to seek conversion therapy counseling from religious organizations that are not licensed mental health providers. At least 22 other states similarly ban therapy aimed at helping minors accept their biological sex and sexuality, according to a map from the LGBT activist group Movement Advancement Project.

What was said in court? Justice Sonia Sotomayor on Tuesday claimed the law had never been enforced and asked ADF lawyer Jim Campbell why he believed Chiles could face prosecution under the regulation. Campbell said there had been complaints filed against Chiles that were being investigated by the state.

Colorado Solicitor General Shannon Stevenson argued the state has the right to regulate any form of health care provided by professionals licensed by the state, even if they only use words and not medication. While Stevenson said approved standards of care should dictate what medical professionals could tell their patients, several justices questioned if the state was essentially choosing sides between conflicting medical advice. 

Dig deeper: Read Kristen Waggoner’s opinion piece about Colorado’s war on counseling.