7:28Kayley Chiles, a Colorado therapist, discusses her appeal to the U.S. Supreme Court, challenging the state’s prohibition of conversion therapy, with ABC News correspondent Devin Dwyer.ABC News
COLORADO SPRINGS, Colo. — Conversion therapy, referring to efforts to alter a patient’s sexual preference or gender identity through therapeutic means, has been largely discredited by significant American mental health and medical societies for many years. Around half of the states have prohibited this practice, deeming it detrimental and ineffective for minors, often through bipartisan support.
On Tuesday, a licensed therapist from Colorado, providing "faith-based" advising, directly challenged this widely held view before the U.S. Supreme Court, urging the justices to invalidate the laws as violations of the right to free expression.
"I desire to communicate truthfully, frankly, and thoroughly with my patients," stated Kaley Chiles, the petitioner in the Supreme Court case, in a conversation with ABC News, "without the government essentially eavesdropping on my office during these private exchanges."
"If an individual enters my office stating, ‘I am biologically male and have been living as a female for some time’ – such individuals are the ones with whom I cannot engage in a complete discussion," Chiles clarified.
Kayley Chiles, a licensed therapist for a decade in Colorado Springs, Colo., offers “faith-informed” counseling.ABC News
The case brings into conflict the First Amendment against a state’s authority to regulate health care practices to adhere to an established standard of medical care. It also touches on the rights of parents seeking assistance for their children during puberty and the psychological well-being of LGBTQ youth aiming for greater societal integration.
The Colorado Minor Conversion Therapy Law, put in place in 2019, stipulates that therapists licensed in the state cannot attempt to "modify behaviors or gender presentations" or seek to "remove or lessen" attraction to individuals of the same gender. Violators may be fined up to $5000 and risk losing their license.
The law’s provisions do not extend to faith-based ministries or religious groups aiming to change an individual’s identity.
Therapists are permitted to offer "acceptance, support, and comprehension" regarding issues of sexuality and gender as a child grows.
"Pressuring you to conform or instilling shame about your identity does not represent valid therapy," Colorado Attorney General Phil Weiser stated to ABC. "There is a clear medical consensus. This explains its bipartisan prohibition here in Colorado."
Colorado Attorney General Phil Weiser talks with ABC News correspondent Devin Dwyer about the state’s ban on conversion therapy for minors.ABC News
"This legislation empowers children to fully embrace their authentic selves. It does not take sides," Weiser commented.
One in four high school students in America identify as either gay, lesbian, or bisexual, according to a groundbreaking 2023 survey by the Centers for Disease Control and Prevention. The survey also indicated that 3 percent of teens identify as transgender, with another 2 percent reporting uncertainty about their gender.
"What actually occurs is that individuals evolve, with their sexuality and gender emerging naturally. Such changes are not influenced by a therapist," elucidated Dr. Clinton Anderson, a psychologist who has spent more than three decades examining mental health support for LGBTQ individuals at the American Psychological Association (APA).
Referring to concerns regarding science, ethics, and safety, the APA, American Psychiatric Association, American Academy of Pediatrics, American Medical Association, and nine other health and medical organizations are in opposition to providers seeking to alter a young individual’s sexual orientation or gender identity.
"If one tries to force them to change without success," Anderson further added, "the distress felt in therapy is intensified by the concern of failure, particularly in contexts of faith."
Counsel for Chiles contests the established scientific conclusions regarding the futility of conversion-aimed talk therapy, and any negative effects resulting from it.
The Supreme Court justices pose for a group photograph at the Supreme Court in Washington, D.C, April 23, 2021.Erin Schaff, Pool via Getty Images, FILE
Chiles refrains from stating clearly whether she intends to perform conversion therapy, or whether she has previously been successful in aiding a client to eliminate unwelcome feelings of same-sex attraction, or achieve improved alignment with their birth-assigned gender.
She believes the law has a restrictive impact that prevents her from even raising the subject.
"The phrasing of the statute is sweeping and prevents me from providing the care I wish to give to my patients," she stated. "Minors who come to me voluntarily, possessing values divergent from those of the state and having objectives the state has prohibited, are unable to have the same level of conversation with me as they could before this law came into effect."
Erin Lee, a Wellington, Colorado mother of three, mentioned her daughter Chloe was unable to find a therapist capable of aiding her in navigating issues regarding gender identity through puberty, due to the Colorado law.
Chloe Lee, 16, and her mother, Erin Lee, view family photographs in their Colorado home’s kitchen.ABC News
"She had already decided, ‘I’m changing my name to Toby’ and ‘I’m ready to cut my hair’, as well as ‘I no longer wish to wear girls’ clothing’," Erin said regarding her daughter, who was then 12 years old, in an interview at their house.
"We understood that she wasn’t a boy confined in the incorrect body," she stated. "We felt we needed to consult a professional in order to know what to say, because if she was simply undergoing normal distress regarding her gender, we did not wish to push her further toward this trans identity."
Lee asserts a counselor who briefly worked with Chloe "completely avoided the issue” because of the law, which contributed to Chloe’s depression and thoughts of self-harm.
"The law is very clear in its writing, and in my understanding, it hinders counselors from assisting children in navigating their gender confusion. They are only able to guide them towards embracing it," Erin remarked. She established a grassroots group, Protect Kids Colorado, to oppose the restrictions on therapists.
Chloe, now 16, reports feeling more at ease as a cisgender girl despite what her parents describe as the lack of resources to aid her. "I felt an unexplainable level of distress and shame," she told a gathering of parent advocates recently. "I am not a boy, I was just very, very confused."
Mathew Shurka describes himself as a “survivor” of conversion therapy – which is the effort by a licensed therapist to alter someone’s sexual orientation or gender identity during care.ABC News
Regardless, numerous Americans who underwent conversion therapy as minors, along with therapists who once advocated for this approach, now assert it was dangerously destructive and should rightfully be prohibited.
It is approximated that approximately 700,000 LGBT adults in the US have been subjected to conversion therapy, with about half of them experiencing this practice during their adolescent years, as reported by the Williams Institute at UCLA School of Law.
"The suffering endured during conversion therapy can last a lifetime," stated Mathew Shurka, 37, who refers to himself as a "survivor" of undergoing treatment with four conversion therapists throughout a five-year period.
After communicating his romantic feelings towards other boys to his parents at the age of 16, Shurka’s father sought assistance from licensed therapists. Some indicated they could cure Mathew.
"They said that my case was simple and that my heterosexuality would return in approximately six weeks," he told ABC News in an interview. "My father regarded this situation as critical and truly thought he was saving my life."
Mathew Shurka, a proponent of state-level bans on conversion therapy, speaks to ABC News correspondent Devin Dwyer.ABC News
One therapist informed Shurka that an important aspect of the care was avoiding any contact with his female family members – his two sisters and mother – which persisted for three years. He was also advised as a teen to use Viagra to enhance intimacy with women.
"Although I may have been able to perform that night, the damage I was inflicting upon my own psyche was becoming – at certain points, felt irreversible," Shurka said. "That was when I realized ending my life may be an option, as I knew I wasn’t changing."
In 2018, Shurka testified in Colorado regarding his experiences, prompting lawmakers to enact the ban on conversion therapy, which they later did.
"Any therapist has the right to voice their opinion. That is part of freedom of expression," he stated. "However, a professional treatment plan involves specialized speech. I underwent a treatment to cure my homosexuality, which lacked any grounding in scientific evidence."
The Tenth Circuit U.S. Court of Appeals upheld Colorado’s law as a legitimate regulation of "professional conduct," that indirectly constrained expression but was not discrimination based on viewpoint.
The Supreme Court will decide whether to uphold this conclusion, thereby entering into an intense national debate concerning optimal methods to support developing teenagers.
Colorado mother Erin Lee states a state-level law banning “conversion therapy” has produced a chilling influence on therapists wishing to assist adolescents experiencing issues with sexual orientation and gender identity.ABC News
"We understand that young individuals are currently suffering," commented Attorney General Weiser. "Granting young people autonomy in defining themselves is a means to ensure their protection."
A decision regarding the case — Chiles v Salazar — is anticipated in the spring of 2026.
Sourse: abcnews.go.com
