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Supreme Court skeptical of ‘conversion therapy’ law banning treatment of minors with gender identity issues
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The Supreme Court on Tuesday appeared ready to strike down Colorado’s ban on mental health professionals providing so-called «conversion therapy» to minors with gender identity or sexual orientation issues, an important First Amendment case laced with sharp political and social undertones.
Licensed counselor Kaley Chiles says the legislation violates her free speech rights and infringes on her free exercise of religion and that of her clients by censoring and prohibiting certain private client-counselor conversations.
About two dozen states and Washington, DC have laws similar to Colorado’s.
The state says it acted to regulate professional conduct, «based on overwhelming evidence that efforts to change a child’s sexual orientation or gender identity are unsafe and ineffective.»
SUPREME COURT HEARS IF FAITH-BASED COUNSELING ON GENDER IDENTITY IS PROTECTED SPEECH
A general view of the the Supreme Court building on Friday, June 27, 2025. (AP Photo/J. Scott Applewhite, File)
During a brisk 90 minutes of oral arguments, the court’s 6-3 conservative majority appeared supportive of Chiles’ claims.
Several conservative members of the bench suggested the Colorado law created a double standard that Justice Samuel Alito said may amount to «viewpoint discrimination.»
«Let’s say that you have some medical experts that think gender-affirming care should be — is dangerous to children and some that say that this kind of conversion talk therapy is dangerous,» said Justice Amy Coney Barrett. «Can a state pick a side?»
But other justices appeared to agree with the state, which cited what it claims is the consensus of mental health professionals that verbal-based conversion therapy has shown to be ineffective.
«There are studies that say that this advice does harm the people emotionally and physically,» said Justice Sonia Sotomayor.
Justice Samuel Alito (left) suggested Colorado’s law may amount to «viewpoint discrimination. Justice Sonia Sotomayor (right) noted some studies have found that so-called «conversion therapy» for LGBTQ+ individuals may have harmful effects on people. (Getty Images)
Justice Brett Kavanaugh and Chief Justice John Roberts could be the key to deciding the case, over whether regulation of «talk therapy» can be treated the same as medical practices.
Roberts cited previous high court precedent that did not distinguish professional speech.
«Just because they’re engaged in conduct doesn’t mean that their words aren’t protected,» said Roberts.
Among the issues the nine justices confronted were whether the state law properly distinguishes speech versus conduct, and the professional speech limits of licensed mental health therapists.
Chiles’ lawyers describe her as «a practicing Christian [who] believes that people flourish when they live consistently with God’s design, including their biological sex.»
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She said she uses «faith-informed» counseling to engage in talk therapy with young people who are «seeking to reduce or eliminate unwanted sexual attractions, change sexual behaviors, or grow in the experience of harmony with one’s physical body.»
But Chiles’s lawyers say she does not «seek to ‘cure’ clients of same-sex attractions or to ‘change’ clients’ sexual orientation.»
A small group of demonstrators gathered outside the court to support the Colorado law. The group representing Chiles canceled its rally over safety concerns.
Both Chiles’ lawyer and the Colorado solicitor general offered sharply different views in the courtroom on whether previous studies on conversion therapy showed its ineffectiveness.
Colorado says there is a «mountain of evidence» that it is, and that major medical associations have found it leads to depression, anxiety and suicidal thoughts.
But Chiles argues there are no studies indicating conversion therapy is harmful, and that other studies are fundamentally flawed.
«States should not manipulate private conversations between licensed professionals and clients,» James Campbell, Chiles’ attorney, told the bench.
Kaley Chiles, plaintiff in Chiles v. Salazar (Alliance Defending Freedom press release) (Alliance Defending Freedom, press release)
A majority on the court appeared to agree.
Justice Elena Kagan posed a hypothetical where two different doctors treat someone who believes they are gay — one who tells the patient to change, the other to accept it.
«And one of those is permissible, and the other is not?» Kagan asked. «That seems like viewpoint discrimination in the way we would normally understand viewpoint discrimination.»
When Colorado Solicitor General Shannon Stevenson said the core issue was about preserving the best medical practice over what therapists can tell patients, rather than freedom of speech, Alito stepped in.
«There have been times when the medical consensus has been politicized, has been taken over by ideology,» said Alito. «Once, was there a time when many medical professionals thought that certain people should not be permitted to procreate because they had low IQ?» he asked.
The Trump administration’s Justice Department told the court the law creates a «muzzling» double standard — forbidding her from helping people accept their assigned sex at birth, while allowing other therapists to support young people who may want to accept their homosexuality or transition to another gender.
Some on the bench questioned whether talk therapy amounted to — or should be treated differently than — medical care.
«I’m still just struggling with whether a therapist who is acting in their professional capacity to help someone achieve their goals is really expressing the kind of message or expressing a message for First Amendment purposes,» said Justice Ketanji Brown Jackson.
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«It’s just a little puzzling to me that she would stand in a different position than a medical professional who has exactly the same goals, exactly the same interests, and would just be prescribing medication for that rather than her talking with the client. «
Stevenson argued there has been a long history of states regulating therapists.
«The harms from conversion therapy come from when you tell a young person you can change this innate thing about yourself,» said Stevenson. «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.»
The American Psychiatric Association 55 years ago ceased classifying homosexuality as a mental illness.
Chiles attended the oral arguments and afterward told Fox News, «I view my work as an outpouring of my faith. I want what is best for my clients, and often they seek me out because we have a shared faith.»
«Struggling kids benefit from access to voluntary counseling, conversations that help them as they seek wholeness and gaining peace with their bodies,» added Chiles. «They deserve better than Colorado’s one-size-fits-all approach.»
The Court in recent years has confronted a range of LGBTQ+-related appeals.
In June, the conservative majority upheld a Tennessee law that bans certain medical treatment for transgender teens.
A separate ruling allowed parents to exempt their children from school story time with LGBTQ-themed books that were at odds with their religious convictions.
The court later this term will consider state laws that prohibit transgender athletes from participating in girls’ and women’s sports teams.
Protesters for and against gender-affirming care for transgender minors demonstrate outside the Supreme Court on Dec. 4, 2024, in Washington. (Jose Luis Magana/Associated Press file)
The Colorado case has become a political and social touchstone. 187 House and Senate Democrats, along with major medical and mental health officials are supporting the challenged law.
Groups backing Chiles include the Trump Justice Department, Association of Certified Biblical Counselors and the Family Research Council.
The debate has sparked political divisions at the national level.
A 2015 report by the Obama Health and Human Services Department concluded conversion therapy for young people should be stopped.
«There is limited research on conversion therapy efforts among children and adolescents,» said the federal Substance Abuse and Mental Health Services Administration (SAMHSA) said in its report. «However, none of the existing research supports the premise that mental or behavioral health interventions can alter gender identity or sexual orientation.»
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The DHS website now has a disclaimer saying the ten-year-old report is publicly available by court order, but adds, «Any information on this page promoting gender ideology is extremely inaccurate and disconnected from truth… This page does not reflect reality and, therefore, the Administration and this Department reject it.»
The current court case is Chiles v. Salazar (24-539). A ruling is expected by early summer 2026.
supreme court oral arguments,supreme court,health care healthy living,health care executive,colorado,first amendment
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Kamala Harris-endorsed candidate in hot seat for million-dollar DC home hundreds of miles outside district
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FIRST ON FOX: Former Vice President Kamala Harris’ pick for Massachusetts’ 6th Congressional District, Dan Koh, is facing scrutiny for owning a million-dollar home hundreds of miles from the district in Washington, D.C.
Koh, who held several senior roles in former President Joe Biden’s White House, is running in a crowded race to replace Democratic Rep. Seth Moulton, who is running for the Senate. He has received the endorsement of Harris, who called him a «fighter» who «knows how to get things done.»
Though running in a suburban Massachusetts district, Koh and his wife own a $1.3 million home in a swanky neighborhood by Capitol Hill, which they purchased in 2022, according to the website for the D.C. Office of Tax and Revenue.
The two also own a home in Andover, Massachusetts, which sits within the 6th Congressional District, according to the North Essex Registry of Deeds. The Massachusetts home was purchased in 2019 for $810,000.
KAMALA HARRIS SAYS DEMOCRATS TOOK BLACK WOMEN FOR GRANTED IN 2024
Former Vice President Kamala Harris endorsed former senior White House official Dan Koh for Massachusetts’ 6th Congressional District. (Jacquelyn Martin/AP Photo; Official White House Photo by Stephanie Chasez)
Amy Carnevale, chair of the Massachusetts Republican Party, knocked Koh over the home, telling Fox News Digital that «living full-time in D.C. with a no-show house in Massachusetts seems to be a family tradition amongst MassDems.»
She also criticized another Massachusetts Democrat, Sen. Ed Markey, who she said is «known in the Bay State as the ‘Senator from Chevy Chase,’» because he «is rarely seen in his alleged hometown in Massachusetts.»
«Dan Koh is now looking to follow in that tradition. What a shame for actual residents of Massachusetts who deserve better,» added Carnevale.
In response, a spokesperson for Koh’s campaign told Fox News Digital that «Dan lives full-time at his home in Andover, which he and his wife have owned for over 6 years.»
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US Capitol Building at sunset on Jan. 30, 2025. (Fox News Digital/Emma Woodhead)
The spokesperson said that Koh «lived in D.C. during his time as a senior official in the White House during the Biden-Harris administration with his family.»
Tax documents available on the district’s Office of Tax and Revenue’s website show that Koh and his wife still own the D.C. home as of August.
Harris endorsed Koh on Oct. 28, saying: «During our time in the White House, I saw Dan’s steadfast drive to make life better — and more affordable — for working people.»
«He knows how to get things done, will be the fighter you deserve, and is ready on day one,» said Harris, adding, «I’m proud to endorse him and encourage everyone in Massachusetts’ 6th District to support his campaign.»
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Former Vice President Kamala Harris speaks at the Wiltern Theatre on Sept. 29, 2025, in Los Angeles, California. Harris is in the midst of a 15-city book tour following the release of her new book «107 Days,» recounting her presidential campaign against President Donald Trump. (Mario Tama/Getty Images)
A statement by Koh’s campaign said that he is among the first candidates Harris has endorsed in the 2025-26 campaign cycle, which the campaign said demonstrates «the critical importance of electing a strong, effective Democratic leader to represent the 6th District.»
Koh said he is «honored that Vice President Harris has endorsed our campaign for Massachusetts’ 6th District,» adding, «I personally witnessed the Vice President’s tireless dedication to the American people every day in the administration.»
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He added, «I’ll be ready on day one to bring the same brand of leadership to Capitol Hill, getting to work to deliver results for families of our commonwealth and our country.»
Fox News Digital reached out to Harris for contact but did not immediately receive a response.
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Elecciones en Chile: guiños a Pinochet, promesas de mano dura y música de AC/DC en el cierre de campaña del candidato más cercano a Milei
Carteles en el acto de campaña de Johannes Kaiser, en Santiago. Foto: BloombergEl crimen, tema clave en la campaña
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Former Rep. Gohmert blasts Jack Smith for allegedly targeting his personal phone records in J6 probe
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EXCLUSIVE: Former Rep. Louie Gohmert blasted ex-Special Counsel Jack Smith for allegedly targeting his personal phone records as part of his investigation into the Jan. 6, 2021, Capitol riots, telling Fox News Digital in an exclusive interview that his action «destroys the checks and balances that the founders counted on.»
Fox News Digital exclusively reported Thursday morning that Smith targeted then-House Speaker Kevin McCarthy’s personal, private phone records, as well as Gohmert’s.
JACK SMITH SOUGHT THEN-HOUSE SPEAKER MCCARTHY’S PRIVATE PHONE RECORDS IN J6 PROBE, FBI DOCS REVEAL
Fox News Digital exclusively reviewed the document that FBI Director Kash Patel recently shared with Senate Judiciary Committee Chairman Chuck Grassley and Sen. Ron Johnson containing the explosive revelations. Grassley and Johnson have been leading a joint investigation into Smith’s «Arctic Frost» probe.
Former Rep. Louie Gohmert blasted ex-Special Counsel Jack Smith for allegedly targeting his personal phone records. (Bill Clark/CQ Roll Call)
According to the document, Smith, on Jan. 24, 2023, allegedly sought the «toll records for the personal cell phones of U.S. Speaker of the House Kevin McCarthy (AT&T) and U.S. Representative Louie Gohmert (Verizon.)»
The information was included as part of a «significant case notification» drafted by the FBI’s Criminal Investigative Division May 25, 2023.
«It is astounding that Jack ‘Frost’ Smith went on this persecution,» Gohmert told Fox News Digital Thursday. «Apparently, this guy has never read the Fourth Amendment because you have to describe with particularity what it is you’re going after — there should be probable cause, and they had no probable cause. They were going on a witch hunt.»
Smith had sought Gohmert’s personal cellphone records from November 2020 through the end of January 2021.
«They don’t have any regard for the Fourth Amendment,» he said. «It makes Watergate look like school yard folly.»
But Gohmert said it is the «principle.»
Then-Special Counsel Jack Smith’s case cost taxpayers more than $50 million. (Drew Angerer/Getty Images)
«It is the separation of powers that is the problem,» Gohmert explained. «People and whistleblowers contacted me regularly from within the DOJ and the FBI about overreach within the FBI and DOJ. By grabbing my records, they could stifle reporting of potential crimes by people within the agencies.»
JACK SMITH TRACKED PRIVATE COMMUNICATIONS, CALLS OF NEARLY A DOZEN GOP SENATORS DURING J6 PROBE, FBI SAYS
«You can’t just go seize members of Congress’ records even with a warrant because of that separation of powers,» Gohmert said. «There has to be a wall and that’s what troubles me more than anything.»
Gohmert told Fox News Digital that he didn’t remember who he spoke with during the time period Smith sought records, but said that «the last thing I want is for someone who trusted me to keep their name private to have some jack-booted thug like Jack ‘Frost’ Smith grab my records and find out who is tattle tailing on him.»
He added: «It violates and destroys the checks and balances that the founders counted on.»
Gohmert, though, told Fox News Digital that he trusts the current Justice Department and FBI leadership.
«I trust the DOJ and trust the people running the FBI,» he said. «We’ll see if there were any crimes committed and, if following the Constitution, they can be properly prosecuted.»
HAGERTY PRESSES VERIZON OVER FBI’S ACCESS TO HIS PHONE RECORDS DURING JACK SMITH PROBE
Meanwhile, McCarthy said he will take legal action against Smith.
Former Speaker of the House Kevin McCarthy, R-Calif., said he will take legal action against Jack Smith. (Jose Luis Magana/The Associated Press)
«Jack Smith’s radical and deranged investigation was never about finding the truth,» McCarthy told Fox News Digital. «It was a blatant weaponizing of the Justice Department to attack political opponents of the Biden administration. Perhaps no action underscores this point more than the illegal attempt to access the phone records of sitting members of the House and Senate — including the Speaker of the House.»
«His illegal targeting demands real accountability,» McCarthy continued. «And I am confident Congress will hold hearings and access documents in its investigation into Jack Smith’s own abuses.»
HAGERTY PRESSES VERIZON OVER FBI’S ACCESS TO HIS PHONE RECORDS DURING JACK SMITH PROBE
«At the same time, I will ask my own counsel to pursue all areas of redress so this does not happen to anyone else,» McCarthy said.
The revelations come after Fox News Digital exclusively reported in October that Smith and his «Arctic Frost» team investigating the Jan. 6, 2021, Capitol riots were tracking the private communications and phone calls of nearly a dozen Republican senators as part of the probe, including Sens. Lindsey Graham of South Carolina, Marsha Blackburn of Tennessee, Ron Johnson of Wisconsin, Josh Hawley of Missouri, Cynthia Lummis of Wyoming, Bill Hagerty of Tennessee, Dan Sullivan of Alaska, Tommy Tuberville of Alabama and GOP Rep. Mike Kelly of Pennsylvania.
An official told Fox News Digital that those records were collected in 2023 by Smith and his team after subpoenaing major telephone providers.
Smith has called his decision to subpoena and track Republican lawmakers’ phone records «entirely proper» and consistent with Justice Department policy.
«As described by various Senators, the toll data collection was narrowly tailored and limited to the four days from January 4, 2021 to January 7, 2021, with a focus on telephonic activity during the period immediately surrounding the January 6 riots at the U.S. Capitol,» Smith’s lawyers wrote in October to Grassley.
Grassley, R-Iowa, and Johnson, R-Wis., have been investigating the matter.
Sen. Chuck Grassley, a Republican from Iowa and chairman of the Senate Judiciary Committee, and Sen. Ron Johnson, R-Wis., have been investigating the matter. (Al Drago/Bloomberg via Getty Images)
An FBI official told Fox News Digital that «Arctic Frost» is a «prohibited case,» and that the review required FBI officials to go «above and beyond in order to deliver on this promise of transparency.» The discovery is part of a broader ongoing review, Fox News Digital has learned.
Smith, after months of investigating, charged President Donald Trump in the U.S. District Court for Washington, D.C., in his 2020 election case, but after Trump was elected president, Smith sought to dismiss the case. Judge Tanya Chutkan granted that request.
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Smith’s case cost taxpayers more than $50 million.
Smith did not immediately respond to Fox News Digital’s request for comment.
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