The increased interest in the bans – which have been enacted in more than 20 Democratic-led states – comes as the court is expected to give a green light to GOP-led states’ efforts to ban gender-affirming care for minors. Alliance Defending Freedom, which represents the counselor who challenged the law, argued it violates First Amendment rights by “censoring” her conversations with clients.
The Supreme Court on Monday agreed to weigh in on the constitutionality of Colorado’s ban on “conversion therapy” – that is, the effort to “convert” someone’s sexual orientation or gender identity. That announcement came as part of a list of orders released on Monday morning from the justices’ private conference last week.
The Tenth Circuit upheld this ban as a regulation of Chiles's conduct, not speech. In doing so, the court deepened a circuit split between the Eleventh and Third Circuits, which do not treat counseling conversations as conduct, and the Ninth Circuit, which does.
