The U.S. Supreme Court on Tuesday is scheduled to hear oral arguments in a case that could impact state laws around the country that ban “conversion therapy,” a controversial counseling practice for LGBTQ+ youth. (Photo by Anna Moneymaker/Getty Images)

The U.S. Supreme Court on Tuesday is scheduled to hear oral arguments in a case that could reverse or solidify state laws across the country that ban a controversial counseling practice for LGBTQ+ youth.

The case challenges a 2019 Colorado law that bans “conversion therapy” for children and teens. Conversion therapy is a catchall term for efforts to change the sexual orientation or gender identity of LGBTQ+ people. Sometimes called “reparative therapy,” it can range from talk therapy and religious counseling to electrical shocks, pain-inducing aversion therapy and physical isolation. The therapy has been widely discredited by medical groups.

More than half of states — including some led by Republicans — have banned or restricted the practice for children and teens since California became the first to do so in 2012, according to the Movement Advancement Project, a left-leaning nonprofit research organization that tracks LGBTQ+-related laws and policies.

In recent years, however, Republicans in several states have worked to reverse bans, with some success. A poll in June by Data for Progress, a liberal think tank, found that although less than half of Republican voters, 43%, support or strongly support conversion therapy, more than half — 56% — said the Supreme Court ought to allow states to ban it.

A decision in the Colorado case, expected next year, could have far-reaching ramifications for dozens of other states.

“I think we’re all really worried about the implications,” said Cliff Rosky, a professor of law at the University of Utah. Rosky helped draft Utah’s 2023 law prohibiting licensed professionals from practicing conversion therapy on LGBTQ+ youth. That measure unanimously passed the Republican-controlled legislature.

“We certainly hope the court will uphold the right of states to regulate the behavior of therapists that it licenses and protect children from a lethal public health threat,” he told Stateline.

The impact on other states’ laws would depend on the scope of the high court’s ruling. But most of those laws are similar to Colorado’s, Rosky said.

“Certainly, a broad ruling against Colorado’s law would jeopardize the constitutionality of all the other laws.”

In Chiles v. Salazar, a licensed counselor in Colorado Springs, Kaley Chiles, sued state officials in 2022 over a law that bars licensed mental health professionals from conducting conversion therapy on clients under 18. She argues the law violates her First Amendment right to free speech and interferes with her ability to practice counseling in a way that aligns with her religious convictions. Chiles is represented by conservative religious law firm Alliance Defending Freedom.

“The government has no business censoring private conversations between clients and counselors,” Jim Campbell, chief legal counsel for Alliance Defending Freedom, said in a news release when the group filed its opening brief in June. “Colorado’s law harms these young people by depriving them of caring and compassionate conversations with a counselor who helps them pursue the goals they desire.”

Colorado Attorney General Phil Weiser, a Democrat, said in an August news conference that the law doesn’t prohibit a provider from sharing information or viewpoints with a patient, and that therapists are still allowed to talk with patients about conversion practices offered by religious groups.

But he called conversion therapy a “substandard, discredited practice.” Conversion therapy has been denounced by major medical organizations including the American Medical Association, the American Psychological Association, the American Psychiatric Association and the American Academy of Child and Adolescent Psychiatry.

“This practice has been used in the past to try to force patients to change their sexual orientation or their gender identity,” Weiser said. “The science, however, says that this practice is harmful. It doesn’t work.

“Regardless of how it’s performed, there can be real harms from this practice. And those harms can include depression, self-hatred, loss of faith, even suicide.”

The key question in the case is whether Colorado’s law regulates professional standards of conduct and speech, or whether it attempts to regulate the right to free speech, said Marie-Amélie George, a legal historian who has published extensively on LGBTQ+ rights and is a professor of law at Wake Forest University School of Law.

“What is really interesting about these laws is that most licensed health professionals don’t offer conversion therapy because professional associations across the board have condemned it as extremely harmful,” George told Stateline. After the mainstream mental health community disavowed efforts to change people’s sexual orientation by the late 1980s, conversion therapy “became primarily the province of religious and lay ministers,” she said.

State laws like Colorado’s don’t restrict clergy and lay ministers from engaging in conversion therapy, she said. They address only the small subset of state-licensed mental health professionals who wish to use it.

In August, attorneys general in 20 states and the District of Columbia filed an amicus brief supporting Colorado’s law. They argue the First Amendment doesn’t shield mental health practices from regulation when the state deems them dangerous or ineffective, and that states have a long and established history of regulating professional standards of care.

Colorado isn’t the only recent battleground over conversion therapy, as conservative majorities in the courts, state legislatures and at the federal level have opened the door for Republican lawmakers and conservative Christian groups to reinstate the practice.

Earlier this year, Kentucky’s Republican-controlled legislature passed a bill canceling Democratic Gov. Andy Beshear’s 2024 executive order that banned conversion therapy for minors. Beshear promptly vetoed the bill, but the legislature overrode his veto in March.

In April, a coalition of Republican attorneys general from 11 states, led by Iowa and South Carolina, appealed a January decision by a U.S. district court judge to uphold a 2023 Michigan law that’s similar to Colorado’s. It prohibits mental health professionals from trying to alter a minor’s sexual orientation or gender identity. The case began when Catholic Charities of three Michigan counties filed a lawsuit targeting Michigan’s law in 2024 on behalf of a licensed therapist.

In July, a Virginia court partially struck down the state’s 2020 ban on conversion therapy for minors. Republican lawmakers in Michigan introduced a bill in July to repeal their state’s ban, while Missouri’s Republican attorney general sued to overturn local conversion therapy bans.

From the mid-1990s until the mid-2010s, LGBTQ+ rights advocates won a lot of cases before the U.S. Supreme Court, said George, the Wake Forest professor.

“But in the years since, the Supreme Court has been more hostile to LGBTQ+ rights claims,” she said. “I think, with the political environment of the court, it will be interesting to see what they do given how they have treated other LGBTQ+ rights cases in recent years.

“States are extremely similar in the laws they have enacted, so the decision in this case will probably affect all of the conversion therapy bans in this country.”

Stateline reporter Anna Claire Vollers can be reached at avollers@stateline.org.

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The Wisconsin Supreme Court cleared the way Tuesday for the state to institute a ban on conversion therapy.

The court ruled that a Republican-controlled legislative committee’s rejection of a state agency rule that would ban the practice of conversion therapy for LGBTQ+ people was unconstitutional.

The 4-3 ruling from the liberal-controlled court comes amid the national battle over LGBTQ+ rights. It is also part of a broader effort by the Democratic governor, who has vetoed Republican bills targeting transgender high school athletes, to rein in the power of the GOP-controlled Legislature.

What is conversion therapy?

What is known as conversion therapy is the scientifically discredited practice of using therapy to “convert” LGBTQ+ people to heterosexuality or traditional gender expectations.

The practice has been banned in 23 states and the District of Columbia, according to the Movement Advancement Project, an LGBTQ+ rights think tank. It is also banned in more than a dozen communities across Wisconsin. Since April 2024, the Wisconsin professional licensing board for therapists, counselors and social workers has labeled conversion therapy as unprofessional conduct.

Advocates seeking to ban the practice want to forbid mental health professionals in the state from counseling clients with the goal of changing their sexual orientation or gender identity.

The U.S. Supreme Court agreed in March to hear a Colorado case about whether state and local governments can enforce laws banning conversion therapy for LGBTQ+ children.

What is happening in Wisconsin?

Since April 2024, the Wisconsin professional licensing board for therapists, counselors and social workers has labeled conversion therapy as unprofessional conduct.

But the Legislature’s powerful Joint Committee for the Review of Administrative Rules — a Republican-controlled panel in charge of approving state agency regulations — has blocked the provision twice.

The Wisconsin Supreme Court ruled that the committee has been overreaching its authority in blocking a variety of other state regulations during Democratic Gov. Tony Evers’ administration. That clears the way for the conversion therapy ban to be enacted.

Republicans who supported suspending the conversion therapy ban have insisted the issue isn’t the policy itself, but whether the licensing board had the authority to take the action it did.

Evers has been trying since 2020 to get the ban enacted, but the Legislature has stopped it from going into effect.

Evers called the ruling “incredibly important” and said it will stop a small number of lawmakers from “holding rules hostage without explanation or action and causing gridlock across state government.”

But Republican Sen. Steve Nass, co-chair of the legislative committee in question, said the ruling gives Evers “unchecked dominion to issue edicts without legislative review that will harm the rights of citizens.”

Legislative power weakened by ruling

The Legislature’s attorney argued that decades of precedent backed up their argument, including a 1992 Wisconsin Supreme Court ruling upholding the Legislature’s right to suspend state agency rules.

Evers argued that by blocking the rule, the legislative committee is taking over powers that the state constitution assigns to the governor and exercising an unconstitutional “legislative veto.”

The Supreme Court agreed.

The court found that the Legislature was violating the state constitution’s requirement that any laws pass both houses of the Legislature and be presented to the governor.

The Legislature was illegally taking “action that alters the legal rights and duties of the executive branch and the people of Wisconsin,” Chief Justice Jill Karofsky wrote for the majority. She was joined by the court’s three other liberal justices.

Conservatives decry ruling

Conservative Justice Rebecca Bradley said the ruling “lets the executive branch exercise lawmaking power unfettered and unchecked.” She and fellow conservative Justice Annette Ziegler said in dissents that the ruling shifts too much power to the executive branch and holds the Legislature to a higher legal standard.

“Progressives like to protest against ‘kings’ — unless it is one of their own making,” Bradley wrote.

Conservative Justice Brian Hagedorn, in a dissent, said the court’s ruling is “devoid of legal analysis and raises more questions than it answers.”

Hagedorn argued for a more narrow ruling that would have only declared unconstitutional the legislative committee’s indefinite objection to a building code rule.

The issue goes beyond conversion therapy

The conversion therapy ban is one of several rules that have been blocked by the legislative committee. Others pertain to environmental regulations, vaccine requirements and public health protections.

Environmental groups hailed the ruling.

The decision will prevent a small number of lawmakers from blocking the enactment of environmental protections passed by the Legislature and signed into law, said Wilkin Gibart, executive director of Midwest Environmental Advocates.

The court previously sided with Evers in one issue brought in the lawsuit, ruling 6-1 last year that another legislative committee was illegally preventing the state Department of Natural Resources from funding grants to local governments and nongovernmental organizations for environmental projects under the Knowles-Nelson Stewardship Program.

Wisconsin Watch is a nonprofit and nonpartisan newsroom. Subscribe to our newsletters to get our investigative stories and Friday news roundup. This story is published in partnership with The Associated Press.

Wisconsin Supreme Court clears the way for conversion therapy ban to be enacted is a post from Wisconsin Watch, a non-profit investigative news site covering Wisconsin since 2009. Please consider making a contribution to support our journalism.