HRC President Reacts to SCOTUS Oral Arguments in Chiles v. Salazar

WASHINGTON, DC- Today, the U.S. Supreme Court heard oral arguments for Chiles v. Salazar, a case challenging the constitutionality of Colorado's state-wide restrictions on dangerous, so-called "conversion therapy" practices for minors based on free speech claims. The 2019 Colorado law protects youth from being subjected to harmful, abusive, and discredited attempts to "convert" their gender-identity or sexual orientation by licensed mental health practitioners. The law aligns with recommendations by every mainstream medical and mental health association in the country. The impact of this ruling could be wide-spread - affecting laws in 23 states and the District of Columbia that protect against dangerous "conversion" efforts that jeopardize the safety and wellbeing of children while undermining the credibility and ethicality of mental health care.

Human Rights Campaign President Kelley Robinson released the following statement:
"So-called 'conversion therapy' is not therapy, it is an abusive discredited pseudoscience rooted in shame, rejection and fear. It often resorts to guilt, coercion and trauma in a disturbing effort to make someone believe they are less than simply because of who they are. These appalling practices can destroy families, worsen mental health outcomes and rob people of their faith communities. Laws like Colorado's are crucial in ensuring that parents can trust licensed mental health professionals to keep youth safe, supported and able to get the care they need without fear of judgement or bias.

"Today's oral arguments made clear that, as Colorado's Solicitor General stated, history, precedent, and commonsense must allow states to hold licensed providers accountable to the recommendations of every mainstream medical and mental health association in this country. The Supreme Court must uphold the constitutionality of these legal restrictions and stand strongly between our children and these abusive practices."

About the Case:
Chiles v. Salazar challenges Colorado's legal, state-wide restrictions on so-called "conversion therapy" practices which protects Colorado's youth from abusive attempts to change their sexual orientation or gender-identity under the guise of therapy. The lawsuit was brought forward by a Colorado plaintiff under claims that the law infringes on her free speech protections, but the district court disagreed. After the district court denied a motion for a preliminary injunction to block enforcement of the law for the plaintiff, the case was appealed to the Tenth Circuit. On appeal, the Tenth Circuit Court affirmed the constitutionality of Colorado's law, finding that the law did not infringe upon free speech protections and survived constitutional review. On March 10, 2025 the Supreme Court announced it would take up the case, and oral arguments were heard today. A decision is expected to be issued next year.

In August, on behalf of eight leading health care scholars, the HRC Foundation filed an amicus brief in the case, addressing how the state's ability to license professional counselors and regulate mental health treatment (that includes speech as a component) is distinct from regulating other forms of speech. The scholars argue that conflating the two would disrupt "established frameworks that have long protected patients and improved the quality of care."

The plaintiff in the case is represented by the Alliance Defending Freedom, an anti-LGBTQ+, extremist organization that received a hate group designation by the Southern Poverty Law Center. The Alliance Defending Freedom is also responsible for a slew of anti-LGBTQ+ cases, including Masterpiece Cakeshop v. Colorado, 303 Creative v. Elenis, and the infamous reversal of Roe v. Wade, Dobbs v. Jackson Women's Health.

The Dangers of So-Called "Conversion Therapy": So-called "conversion therapy" refers to a range of dangerous and discredited practices that seek to change someone's sexual orientation or gender identity. These practices subject patients to behavior modification and aversive treatments, as well as highly discredited psychoanalytic theories such as the claim that being LGBTQ+ is caused by faulty parenting. Such practices have been rejected by every mainstream medical and mental health organization for decades. (Note that this case involves a law that regulates individuals offering mental health treatment in their licensed professional capacity with no impact on religious counseling.) Minors are especially vulnerable, and conversion therapy can lead them to depression, anxiety, drug use, homelessness, and suicide.

According to the Trevor Project's 2021 National Survey on LGBTQ+ Youth Mental Health, 13% of surveyed LGBTQ+ young people ages 13-24 reported being subjected to so-called "conversion therapy" practices, with 83% of them reporting that it occurred when they were under the age of 18. Additionally, a peer-reviewed study by The Trevor Project's researchers, published in the American Journal of Public Health, found that LGBTQ+ youth who underwent sexual orientation or gender identity conversion efforts were more than twice as likely to report having attempted suicide.

The Human Rights Campaign is America's largest civil rights organization working to achieve equality for lesbian, gay, bisexual, transgender and queer people. HRC envisions a world where LGBTQ+ people are embraced as full members of society at home, at work and in every community.

###