DENVER — The Supreme Court ruled 8–1 on Tuesday that Colorado’s ban on conversion therapy for LGBTQ minors violates the First Amendment, a decision that has state lawmakers pushing for protections.
The practice, which has been debunked as pseudoscience by accredited medical organizations, seeks to change, modify, or suppress a person’s sexual orientation or gender identity.
The controversy in this case arose from a Christian counselor who argued Colorado’s law infringes on the rights of free speech, raising constitutional questions for the court to address.
Writing for the Court, Justice Neil Gorsuch said the law “censors speech based on viewpoint. The First Amendment stands as a shield against any effort to enforce orthodoxy in thought or speech in this country.”
The decision could have cascading impacts, potentially rolling back similar bans in nearly two dozen other states.
► Dan Grossman gets reaction from LGBT Coloradans on SCOTUS decision in the video below
Denver resident Alex Floyd, a member of Colorado’s LGBTQ community who experienced similar trauma growing up, called the practice a form of abuse. They use the pronouns they/them, which is reflected in this story.
“That practice comes out of a belief and a philosophy that queer and trans individuals are not okay as they are. I grew up in a town steeped in that philosophy,” said Floyd.
Floyd grew up in a small town in Michigan, going to church weekly. They say they were close with the pastor who ingrained negative beliefs about themselves.
“I have a diagnosis of OCD, which is moral OCD, so I have a lot of obsessive thoughts and compulsive thoughts and behaviors around my morality and sexuality,” they said. “I still get anxious sometimes when I go to give my wife a hug or a kiss or hold her hand in public. There is this very pervasive feeling that something is wrong or I'm going to get in trouble, even though my adult, logical mind knows I'm not a part of that church anymore.”
In response to the Supreme Court’s decision, Colorado’s Democratic lawmakers are introducing legislation to protect members of the community.
“It's sad to say, but we anticipated the Supreme Court would make this decision,” said State Rep. Alex Valdez, D-Denver. “We want to make sure that Colorado doesn't become in their likeness, because it really doesn't resonate with our values.”
On March 14, Valdez and three other Democratic lawmakers in the Colorado legislature introduced HB26-1322, which would allow people in Colorado to sue conversion therapists and those who hire or oversee them for damages.
“We believe licensed folks that understand science don't do this practice, but those who may choose to, we want to make sure that they understand that they'll be doing it at their own peril,” said Valdez.
The bill is currently under consideration.
In a statement reacting to the SCOTUS decision, Gov. Jared Polis said he is committed to protecting LGBTQ youth.
"Colorado is for everyone, no matter who you are. Conversion therapy doesn’t work, can seriously harm youth, and Coloradans should beware before turning over their hard-earned money to a scam. I am evaluating the U.S. Supreme Court ruling and working to figure out how to better protect LGBTQ youth and free speech in Colorado. We are fighting for everyone’s right to be who you are in our Colorado for all," said Polis in the statement.
The Colorado Department of Public Health and Environment has several dedicated resources for the LGBTQ community on its website, where you can sort through local organizations based in your community.
