Kaley Chiles argues the laws passed in Colorado and about half of U.S. states wrongly bar her from offering voluntary, faith-based therapy for kids.
Colorado, on the other hand, says its measure simply regulates licensed therapists by barring a practice that some claim causes serious harm.
But the court's conservative majority didn't seem convinced that states can restrict talk therapy aimed at changing feelings or behavior while allowing counseling that affirms kids identifying as gay or transgender. Justice Samuel Alito said the law “looks like blatant viewpoint discrimination."
Chiles contends her approach is different from the kind of conversion therapy once associated with practices like shock therapy decades ago. She said she believes “people flourish when they live consistently with God’s design, including their biological sex," and she argues evidence of harm from her approach is lacking.
Chiles says Colorado is discriminating because it allows counselors to affirm minors coming out as gay or identifying as transgender but bans counseling like hers for young patients who may want to change their behavior or feelings. “We're not saying this counseling should be mandatory, but if someone wants the counseling they should be able to get it,” said one of her attorneys, Jonathan Scruggs.
The arguments in Tuesday's case come months after the court found states have the right to ban medical procedures that manipulate the bodies of young people who think they want to transition. The justices are also expected to hear a case involving some states that want to protect females sports against males who claim to be female.
