Conservative justices express skepticism over Colorado's conversion therapy ban
America's highest judicial body announced in March that it would take up a case concerning Colorado's ban on so-called "conversion therapy" for minors who are struggling with gender identity.
The Supreme Court heard arguments over the matter on Tuesday, and comments from some conservative justices suggest that members of the woke left could be left scrambling.
Christian therapist claims law is unconstitutional
As the New York Post reported, the law is being challenged by Kaley Chiles, a Christian therapist who maintains that the legislation violates her right to free speech under the First Amendment.
Passed in 2019, it outlaws "efforts to change an individual's sexual orientation, including efforts to change behaviors or gender expressions or to eliminate or reduce sexual or romantic attraction or feelings toward individuals of the same sex."
The Post pointed out how in addition to Colorado, 26 other states along with Puerto Rico and the District of Columbia have enacted similar law.
In the petition they submitted to the Supreme Court, Chiles' attorneys maintained that "a private conversation" between therapists and their clients amounts to "speech, not conduct."
"That does not change just because one participant is a licensed counselor and the other her client," the petition went on to add.
Therapist disputes studies which found conversion therapy to be harmful
The state has countered by asserting that "[a]professional’s treatment of her patients and clients is fundamentally different, for First Amendment purposes, from laypersons’ interactions with each other."
What's more, Colorado alleges that conversion therapy is harmful and has pointed to studies which found it to be ineffective.
However, Chiles insisted that such studies are flawed as they "focused on nonconsenting minors treated with physical, aversive techniques."
Members of Chiles' legal teams stressed that her "clients believe their lives will be more fulfilling if aligned with the teachings of their faith, and they want to achieve freedom from what they see as harmful self-perceptions and sexual behaviors."
Conservatives justice points to cases of medicine being "taken over by ideology"
During Tuesday's arguments, Chief Justice John Roberts said of therapists, "Just because they are engaged in conduct doesn’t mean their words aren’t protected."
Meanwhile, Justice Samuel Alito recalled how there have "been times when the medical consensus has been politicized" and "taken over by ideology."
"Was there a time when many medical professionals thought that certain people should not be permitted to procreate because they had low IQs?" he asked.