WASHINGTON D.C.—Just yesterday, the US Supreme Court ruled, 8-1, that Colorado’s Conversion Therapy Law is unconstitutional, a decision that could upend similar laws in 22 other states including Washington State.
“Conversion therapy is not health care & has been widely discredited by the medical community,” said Representative Suzane DelBene. “This decision will put LGBTQ+ children in danger & have lasting impacts on their well-being.”
The Supreme Court ruled that the law unconstitutionally restricts therapists’ free speech by targeting certain conversations based on viewpoint. Justice Ketanji Brown Jackson was the lone dissenter. Justices Elena Kagan and Sonia Sotomayor joined a concurrence — an agreement with the majority opinion.
“Conversion therapy is child abuse. It should be banned nationwide—and I have a bill to do just that,” said Senator Patty Murray. “I’m not going to stop fighting for a world where every person, no matter their gender or sexual orientation, can live with dignity and without fear.”
In an opinion by Justice Neil Gorsuch, the court held that Colorado’s 2019 Minor Conversion Therapy Law regulates protected speech rather than professional conduct. The law prohibited licensed mental health professionals from engaging in any practice or treatment aimed at changing a minor’s sexual orientation or gender identity.
Kaley Chiles, a licensed counselor in Colorado Springs, challenged the ban, arguing it prevented her from offering talk therapy aligned with clients’ goals and her religious beliefs.
Lower courts had upheld the statute as a regulation of professional conduct that only incidentally burdened speech. The Supreme Court disagreed, saying the law “targets speech based on its communicative content” and that the 10th U.S. Circuit Court of Appeals failed to apply rigorous First Amendment scrutiny. The case was reversed and remanded for further proceedings under strict scrutiny.
Washington state is one of the approximately 23 states plus the District of Columbia that bar licensed therapists and other mental health professionals from performing conversion therapy on minors. Yesterday’s decision could upend similar laws in these states.
Washington enacted its ban in 2018 through Senate Bill 5722, sponsored by Sen. Marko Liias (D-Edmonds) who is himself openly gay and a champion for the LGBTQ+ community. Similar to the Colorado law, SB-5722 prohibits licensed health care providers from engaging in any practice or treatment—talk therapy or otherwise—aimed at changing a minor’s sexual orientation or gender identity. Violations are treated as unprofessional conduct, which can result in fines, license suspension or revocation.
The statute was upheld by the 9th U.S. Circuit Court of Appeals in 2022, however the U.S. Supreme Court declined to hear a challenge to SB-5722 in 2023. The recent 8-1 Supreme Court ruling striking down Colorado’s similar ban could now open Washington state’s law to new legal challenges under strict First Amendment scrutiny.
The decision came on the same day as Washington State’s Transgender Visibility Day, which aims to uplift and celebrate the lives and accomplishments of the transgender community.
Washington Governor Bob Ferguson signed a proclamation honoring March 31 as Transgender Day of Visibility on March 25.
“On Transgender Day of Visibility today, we uplift and celebrate transgender Washingtonians,” said Gov. Ferguson. “I admire their resilience in the face of adversity. In Washington, we’ll always stand up for the rights of transgender individuals. That won’t change as long as I am Governor.”
Created in 2010, in response to the majority of media attention surrounding transgender individuals being about the violence they face, Transgender Day of Visibility was established to uplift the transgender community, focusing on their strength, resilience, and accomplishments through the adversity they face.
The Washington State Legislative LGBTQ Caucus issued the following statement Tuesday regarding the Supreme Court’s decision:
“Today’s SCOTUS ruling against Colorado’s ban on conversion therapy for minors only puts queer youth at more risk of serious harm. Conversion therapy is ineffective, unsafe, and traumatizing for kids who are forced to endure it, and that is why all our leading medical and mental health professional organizations reject this dangerous, discredited practice.”
“Allowing conversion therapy to continue sends a clear message to every queer kid in this country: your identity is unacceptable, and you should seek to change it. But queer youth do not need to be changed. They need support, empathy, affirmation, and protection as they navigate their young lives and embrace who they are.”
“We will evaluate how this ruling affects Washington’s law banning conversion therapy, and we will continue to fight to ensure our state remains a safe place for all queer people to live and thrive. We will not be erased. We will not be ashamed of who we are. And we will not stand by as the federal government tramples on years of progress for queer people.”
“We are living in an intense time of backlash against queer people, especially our transgender siblings. Today’s ruling adds to the barrage of news about governmental actions that are chipping away at LGBTQIA2S+ rights in our country. It weighs heavily on us, but help is available for anyone who needs it. If you or someone you know is feeling hopeless or suicidal, please contact one of the resources below.”
Author: Kienan Briscoe
