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CO Court Confirms Ban on Conversion Therapy in Wake of Appeal

 September 14, 2024

In a significant legal decision that affects the landscape of mental health counseling, the 10th U.S. Circuit Court of Appeals upheld a Colorado law that imposes penalties on therapists who attempt to change minors' sexual orientations or gender identities.

This ruling, delivered from Denver last Thursday, maintains the legal prohibition against such practices, with the court firmly rejecting a challenge based on the First Amendment, ensuring that Colorado's liberal stance on conversion therapy remains enforced, as Just the News reports.

The initial case was brought forward by Kaley Chiles, a licensed counselor, who contended that this law infringed upon therapists' rights to free speech and hindered their professional conduct.

Her challenge was a pre-enforcement one, arguing against the restrictions imposed by the state prior to her facing any direct penalties.

Detailed Ruling and Judicial Opinion

The court's decision emphasized that the law addresses specific healthcare practices and only incidentally involves speech, drawing a line between healthcare regulation and freedom of speech.

The majority opinion, shared by Judges Veronica Rossman and Nancy Moritz, noted that the law aims to protect vulnerable populations from therapies that are scientifically discredited and harmful.

Judge Harris Hartz offered a dissenting opinion, expressing concern about the possible implications on free speech and the authoritative stance on what constitutes valid science.

The judge attempted to reflecting the nuanced legal debate over the regulation of professional advice versus freedom of expression.

Sen. Stephen Fenberg, who sponsored the law, cited scientific consensus on the ineffectiveness and dangers of conversion therapy to reinforce its necessity and appropriateness, framing it as a protection rather than a prohibition.

Reactions and Responses to the Ruling

Cody Barnett from the Alliance Defending Freedom, representing Chiles, voiced strong objections to the ruling, framing it as an overreach of government power into private therapeutic practices and conversations.

He reiterated the organization's resolve to seek further legal avenues to challenge the law's enforcement.

Kaley Chiles has referred to the statute as the "Counseling Censorship Law," asserting it selectively censors viewpoints the government disfavors while promoting those it supports.

She claims that this selective enforcement hampers practitioners' ability to guide patients in ways they believe to be most effective, particularly when those methods involve faith-based approaches.

On her part, Chiles argues that her counseling approach, which includes discussing the implications of not living consistent with one’s faith, can significantly mitigate issues like depression and anxiety, suggesting a direct link between personal belief systems and mental health resilience.

Forward Implications of the Court Decision

This latest judicial endorsement of the ban on conversion therapy reinforces the trend in several states across the U.S. aimed at safeguarding minors from these practices.

It also sets a significant precedent that might influence other jurisdictions considering similar bans.

The intersection of healthcare, personal freedom, and professional ethics continues to spur debates across legal, professional, and public domains, with this ruling spotlighting the diverse opinions within the judicial system itself.

As both sides regroup following the court’s decision, further discussions, and legal challenges on the national stage seem inevitable as the community and its legal boundaries evolve.