Christian Law Firm Argues That Conversion Therapy Is Helpful, Actually

Tuesday's Supreme Court arguments in Chiles v. Salazar, about whether banning conversion therapy violates free speech rights, were a doozy.

Politics
Christian Law Firm Argues That Conversion Therapy Is Helpful, Actually

On Tuesday, the Supreme Court heard arguments in a challenge to a 2019 Colorado law banning so-called “conversion therapy” and, wouldn’t you know it, it appears the justices will rule that it violates the free speech rights of counselors who believe in the dangerous practice—a decision that could affect similar laws in roughly two dozen states. That was the takeaway after about 90 minutes of arguments in which far-right lawyers claimed conversion therapy is good for cisgender children and Justice Sam Alito invoked eugenics.

States should be allowed to ban licensed medical providers from engaging in the pseudoscientific practice of trying to change someone’s sexual orientation or gender identity— which has documented harms, even when it’s “just” talk therapy—but this court has warped the First Amendment in recent years to favor conservative viewpoints.

Integral in that project has been Alliance Defending Freedom, the Christian nationalist law firm that represents the counselor, Kaley Chiles, challenging the Colorado law. ADF helped overturn Roe v. Wade and is assisting states as they defend bans on youth gender-affirming care and trans kids participating in school sports.

ADF also brought the notorious 2023 case of a Colorado web designer, Lorie Smith, who claimed that an antidiscrimination law violated her speech rights because she might have to make wedding websites for gay couples, which would be against her Christian beliefs. Except she never got in trouble for refusing to make a wedding website for a gay couple, because she never had such clients, and actually, had never made a wedding website. The man she claimed asked her to make a site for him and his fiancée in 2016 is straight, and he said he never contacted the designer. Smith asked the court to strike down the law based on hypothetical harm down the line—which is not how litigation is supposed to work—but she still got the justices to bulldoze protections for queer people.

Now ADF is trying to push through a case based on a similar theory of potential, not actual, injury. In its legal briefs, ADF argues Chiles believes the ban is chilling her speech, while the state counters that she has no injury over which to sue. As the Guardian reporter Sam Levin explains:

The case, CO notes, is manufactured: No one has filed a complaint against Chiles. The state has not disciplined her. The law is narrow: it bans conversion practices for licensed clinicians with youth patients, but does not impact religious counselors or life coaches or Chiles' speech outside of work

Sam Levin (@samtlevin.bsky.social) 2025-10-06T22:26:37.898Z

Still, ADF attorney James Campbell said in court Tuesday that people have filed anonymous complaints against Chiles in recent weeks and the state is investigating them. It’s not clear if they informed the justices of that before arguments, but regardless, she has not been disciplined by Colorado regulators and should not be able to sue them at this juncture. Important note: Chiles engages in talk therapy only, not the violent “aversion” therapy that subjects people to electric shocks or forced vomiting. But it is still deeply harmful, which is why states ban it.

Here are the highlights (read: lowlights) from the arguments.

Campbell claimed that the conversion therapy ban harms kids struggling with gender dysphoria—but he meant the cisgender ones who won’t go on to transition. “One of the things that’s so problematic about Colorado’s law is that it undermines the well-being of kids that are struggling with gender dysphoria,” he said. “Colorado accepts that up to 90% of kids who struggle with that before puberty will work their way through it and realign their identity with their sex. But this law says that if any of those children go to a licensed professional and say, ‘I would like help realigning my identity with my sex,’ that licensed professional has to decline to help them.”

Incredibly, he doubled down on this argument multiple times and in increasingly gross ways. Justice Sonia Sotomayor asked how this law was any different from a state telling licensed dietitians not to encourage eating disorder patients to engage in restricted eating, noting that the state doesn’t need a study showing that’s harmful in order to regulate the practice of healthcare.

Campbell said her hypothetical “is very different than what we have here” because “the counselor or dietician is telling the client to do something that directly harms their body.” He continued, “In this case, Ms. Chiles is trying to help gender-dysphoric kids.” Chiles is just a nice lady, you see! In his rebuttal later in the arguments, Campbell again cited the 90 percent statistic before flatly stating, “This law harms gender-dysphoric kids.”

The attorney for Colorado, Shannon Stevenson, explained during her segment of the hearing why the law is justified. “The harms from conversion therapy come from when you tell a young person you can change this innate thing about yourself, and they try and they try and they fail, and then they have shame and they’re miserable, and then it ruins their relationships with their family.”

Then there was Justice Alito, who suggested that states can’t fully rely on scientific consensus to determine the standard of care and regulate providers because of shameful medical movements like eugenics. “The medical consensus is usually very reasonable, and it’s very important. But have there been times when the medical consensus has been politicized, has been taken over by ideology?” he said, adding, “‘Isn’t it a fact that it’s happened in the past—‘three generations of idiots are enough’?” Here he is mangling a citation of Buck v. Bell, the case where the Supreme Court upheld Virginia’s eugenic sterilization law, though the opinion uses the word “imbeciles.” Alito also asked Stevenson, “Was there a time when there were many, many medical professionals who thought that every child born with Down syndrome should be immediately put in an institution?” He believes these decades-old beliefs are “gotchas” in a case about modern medicine.

Alito later argued that the law wasn’t a sensible medical regulation, but rather viewpoint discrimination against social conservatives. He seemed enraged that it bans counseling that discourages people from embracing their gender identity or sexual orientation, while allowing therapy to help people feel comfortable in their identity. Stevenson responded that the state will only enforce the law against therapists who seek to permanently change someone’s sexual orientation, not simply to lessen same-sex attraction.

A lawyer for the Justice Department, which supports Chiles’ position, implied that Democrats better hope the Supreme Court strikes down the conversion therapy ban; otherwise, conservative-led states could use Colorado’s logic to ban gender-affirming talk therapy in addition to the forms of care they already prohibit. And wouldn’t they hate that!

DOJ attorney Hashim Mooppan referred to the case decided earlier this year, US v. Skrmetti, in which the court upheld Tennessee’s ban on puberty blockers and hormone therapy for minors, even with parental consent, to basically warn the litigants of an unintended consequence of letting Colorado’s law stand. He then claimed that Colorado’s position would have led to homophobic bigotry in the 1970s.

The DOJ lawyer supporting the therapist says the court needs to strike down the Colorado conversion therapy ban otherwise states could ban gender-affirming talk therapy. Cruelly cites how being gay was considered a mental illness in the 70s

Susan Rinkunas (@susanrinkunas.com) 2025-10-07T16:05:44.066Z

In his rebuttal at the end of arguments, Campbell presented a parade of horribles that underscores conservatives’ larger goal: trying to prevent kids from transitioning at all. Colorado’s law needs to be struck down because, he claimed, once young people start affirming their gender, they get “locked into that path”—and then he brought up a highly biased medical review published in the U.K. called the Cass Report.

“Over 90% of the time, once they start down the path of social transition, it will lead to the route of medicalized transition, which the Cass Report tells us comes with a lot of harm and devastation,” he said. This gives away the game. ADF is arguing that therapists cannot affirm young people questioning their gender because that can lead those queer youth to pursue medical procedures like puberty blockers and hormone therapy. Wanting to prevent anyone from expressing their gender identity is eliminationist thinking, which is all the more striking given Alito’s invocation of eugenics.

This case is considered one of the biggest of the term, and the justices typically hold those opinions until the end of June. That means we get to wait several months to find out exactly how bad the ruling will be.


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