Conversion therapist sued to be able to convert LGBTQ+ kids. A federal court just said “no.”

On Thursday, a federal appeals court upheld Colorado’s ban on conversion therapy for minors, protecting LGBTQ+ youth across the state.

The lawsuit concerned a counselor, Kaley Chiles, who claims she assists clients with “same-sex attractions or gender identity confusion” who “prioritize their faith above their feelings” and “are seeking to live a life consistent with their faith.” 

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In March of 2019, Colorado passed H.B. 19-1129, a bill that bans conversion therapy on minors. It went into effect in August of the same year with bipartisan support. For those who do not comply with the law, they run the risk of formal complaints, revoking of their license, and having to pay thousands of dollars. 

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Chiles, however, claimed this law interfered with her practice, specifically with those she says are “seeking such change.” This led her to sue state counseling officials in 2022, arguing that this law constituted a free speech violation. She sought a preliminary injunction on the bill, a legal restriction that would prevent the bill from being enforced.

However, the lawsuit was unsuccessful in the lower district court. She then appealed the ruling and brought it to the 10th U.S. Circuit Court of Appeals.

She is backed by the Alliance Defending Freedom, a Southern Poverty Law Center-designated hate group.

Judges Nancy Moritz, an Obama appointee, and Veronica Rossman, a Biden appointee, were the majority in the 2-1 appeals court panel and they rejected Chiles’ claims,

“Because, on the record before us, we find Ms. Chiles has failed to show [that Colorado’s Minor Conversion Therapy Law (MCTL)] lacks neutrality and general applicability, the district court did not abuse its discretion in finding the MCTL is subject to rational basis review… The MCTL survives rational basis review. Therefore, the district court did not abuse its discretion in holding Ms. Chiles has failed to demonstrate a likelihood of success on the merits of her free speech and free exercise claims and by extension, in denying her motion for a preliminary injunction regarding these claims.”

They argued that free speech does not apply in this case, as Chiles is still allowed to state her views to her clients on conversion therapy and the laws governing it. She is only not allowed to practice conversion therapy on minors.

The judges also said that there are no laws governing conversion therapy for adults, meaning that once minors reach the age of majority, she is allowed to practice conversion therapy on them under Colorado law.

The judges additionally wrote that the law specifically governs the practices of mental health professionals in regards to how their job is conducted, and as such is in line with other laws on the books that regulate what mental health professionals can and cannot do. And, while Chiles may argue that she should be allowed to practice as she sees fit, this does not extend to violations of laws governing the protection of minors, as violations of this law would constitute demonstrable harm to minors.

The sole dissenter was Bush appointee Harris Hartz, who said that Chiles’ type of talk therapy constitutes protected speech. In support of his argument, he cited the United Kingdom’s Cass Review, a widely criticized systematic review of the literature on puberty blockers for transgender minors, and the alleged “ideological” disagreement that American medical professionals have with it. He does not cite, however, the widespread methodological issues cited with the Review or how major medical associations in the United States support affirming trans youth’s identities.

He also claims that there needs to be more research on the effectiveness of conversion therapy, specifically with regard to talk therapy and with minors, and that conclusions cannot be made in this specific case because of that. However, research has already shown that conversion therapy is harmful.

The ADF said of this decision in a statement, “Counseling is speech, not conduct, and it must be treated as such under the First Amendment. The government has no business censoring private conversations between clients and counselors, nor should a counselor be used as a tool to impose the government’s biased views on her clients… We will consider all options to stop the unlawful attempt of Colorado officials to ban someone’s speech simply because they disagree with the viewpoints expressed.”

LGBTQ+ advocacy group One Colorado’s executive director Nadine B ridges said of this decision, “We are delighted that Colorado’s youth will remain protected from conversion therapy. Research has shown that conversion therapy can cause increased rates of depression, anxiety, substance abuse, homelessness, self-harm, and suicide. LGBTQ+ youth are especially at risk, as are families who are misled into believing these dangerous practices can ‘prevent’ their children from being who they truly are.”

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