This blog was written by LWVCO member Jeff Oster.

I had a fascinating weekend visiting with one of my family members who is gay, was previously Christian, and was subjected to conversion therapy as a young woman. She has given me permission to share her story. When she started as a student at a Christian college, she was required to sign a morality agreement. During her first semester, she was outed by her roommate as being gay. Since being gay was not deemed acceptable by the morality contract, she was forced to undergo conversion therapy, a debunked set of practices that attempt to change a person’s sexual orientation, gender identity, or gender expression to align with heterosexual and cisgender norms.

The Colorado State Legislature defines conversion therapy as the effort to change an individual’s sexual orientation, including efforts to change behaviors or gender expressions or to eliminate or reduce sexual or romantic attraction or feelings toward individuals of the same sex. The Legislature felt so strongly about the dangers of conversion therapy (see further down) that, with bipartisan support, they passed House Bill 19-1129, prohibiting conversion therapy for minors in Colorado.  

HB 19-1129 is being challenged in court by a conservative Christian therapist in Colorado Springs. Kaley Chiles, represented by the conservative religious legal firm Alliance Defending Freedom, has asked the US Supreme Court to review the legality of HB 19-1129, claiming the law’s ban on therapists attempting to change sexual orientation, gender identity, or gender expressions is a violation of her free speech rights under the First Amendment. Ms. Chiles seeks to counsel minors who are grounded in a “biblical worldview” and wish to align their lives with their religious beliefs.

The US Circuit Court of Appeals for the Tenth Circuit and a federal district court upheld the Colorado law, ruling that it withstands constitutional scrutiny. In terms of legal precedent, in 2023, the US Supreme Court refused to hear Tingley v. Ferguson, a similar request from the State of Washington.

Is Conversion Therapy Dangerous?  

Nearly 30 US-based medical and psychological professional associations, including the American Medical Association and American Psychological Association, have condemned conversion therapy as ineffective and harmful. Negative health outcomes associated with conversion therapy include depression, anxiety, increased suicidal ideation and attempts, post-traumatic stress disorder, increased drug abuse, and low self-esteem.  

Because of these severe and harmful effects, the majority of Americans live in jurisdictions where conversion therapy for minors is restricted or banned entirely. The United Nations and the European Union have both denounced conversion therapy as ineffective and dangerous.

Does Conversion Therapy Violate Individual Civil Rights? 

Dignity and autonomy stand in direct opposition to conversion therapy. Conversion therapy denies individual human rights by judging an individual as unfit by Christian (or other religious) standards and using shame and aversion techniques, including chemically induced nausea and electrical shocks paired with sexual stimuli. Denying autonomy, equality, and sexual dignity is a direct violation of individual human rights.

Is Conversion Therapy for Minors Protected by the First Amendment?

The Colorado Department of Regulatory Agencies (DORA) regulates professional practitioners, including therapists and psychiatrists. DORA has defined conversion therapy as professional conduct and not a right to free speech. 

I am a retired surgeon with a long-standing working relationship with DORA. During my 42 years of practice, DORA guided what I could and could not do in my work. DORA provided a framework for my practice, and I am grateful for its role in regulating the provision of professional services in Colorado. 

In my opinion as a medical practitioner, Ms. Chiles' First Amendment rights have not been implicated here, and her attempt to use our politically motivated Supreme Court to undermine the professional regulatory function of DORA is misguided at best and dangerous at worst. There are less harmful avenues that Ms. Chiles could use to challenge her limitation in practice, which would include working with her state professional society or the Colorado Legislature to modify HB 19-1129.

Conversion Therapy Is a — Harmful — Regulatory Issue

It was difficult for my relative to discuss conversion therapy with me. She is still angry about what was done to her in the name of religious morality. She shared with me that one of her friends who underwent conversion therapy committed suicide. My dear relative is a survivor. 

The League of Women Voters supports equal rights for all under state and federal law, regardless of identity, including sex, gender, and sexual orientation. The Religious Freedom Task Force of the League of Women Voters of Colorado recognizes conversion therapy to be dangerous and a violation of individual civil rights. We believe that the regulation of conversion therapy by DORA is not a violation of free speech, but simply a regulatory issue resulting in best practices for minors and the residents of the state of Colorado.

The US Supreme Court has accepted Ms. Chiles' case, and will hear argument in Chiles v. Salazar on October 7, 2025. You can listen to the argument live here.