A big legal fight is going on in Colorado. Kaley Chiles, with the help of Alliance Defending Freedom (ADF), is suing to strike down a 2019 state law prohibiting conversion therapy on minors. This law is unique in that it specifically prohibits any licensed clinician from trying to change a patient’s sexual orientation or gender identity. This case has been the catalyst for a very spirited divide. Nearly every major medical organization has decried conversion therapy as dangerous and unscientific.
The law passed during a time of increased awareness about the dangers of conversion therapy. These medical groups, such as the American Academy of Child and Adolescent Psychiatry (AACAP) and the American Psychiatric Association, have come out loud and clear against it. They write about how deeply harmful these practices are to LGBTQ+ youth. Publicly available research has already shown a strong, negative association between conversion therapy and suicidal ideation and attempt. Research indicates 44–63% of youth who experience these practices will attempt suicide.
The Case Against Conversion Therapy
The 2019 law was established to protect minors from potentially dangerous practices aimed at changing their sexual orientation or gender identity. Colorado’s lawyers are vigorously defending against Chiles’s allegations. They deny her allegations, claiming that these allegations have no merit and no supporting evidence. They noted that it’s been three years and the state has not heard any complaints from her. Moreover, it has failed to exert the required disciplinary force against her.
Legal experts caution that Chiles might be able to win her case. If she wins, her victory could create a perilous precedent for such challenges in other states. The founder of the Conversion Therapy Survivor Network, Curtis Lopez-Galloway, said that Chiles’ potential electoral victory would be “absolutely catastrophic.” He called attention to the grave harms this has brought to LGBTQ+ youth who are most vulnerable.
“This case could do some real harm to the very individuals we’ve spent our lives trying to protect.” – Clifford Rosky
The ADF has bolstered its case using various studies and papers, including a 2022 article titled “Sexual Orientation Change Efforts Do Not Increase Suicide: Correcting a False Research Narrative,” authored by Rev D Paul Sullins of the Ruth Institute. Sullins, in defense of his research, has responded that it is “incorrect” to say conversion therapy leads to suicide. Opponents say to continue supporting these kinds of studies hurts the extreme consensus within the medical community on banning conversion therapy.
Expert Opinions on Conversion Therapy
Several leading scholars have been clear about how their research has been misappropriated to advocate for conversion therapy. Lisa Diamond, a distinguished professor of psychology and gender studies, expressed dismay over how her work on sexual fluidity has been misrepresented to justify anti-LGBTQ+ sentiments. She highlighted how these sort of mischaracterizations distort research and lead to real harm for LGBTQ+ people.
“It’s upsetting because this is lethally dangerous to LGBTQ+ kids,” – Clifford Rosky
Rosky was instrumental in drafting their ban on conversion therapy enacted in Utah earlier this year, 2023. He stressed that the research supporting conversion therapy is deeply misguided. More than that, he made the ethical obligation of all lawyers to produce truthful evidence in court the norm and standard. He further alleges that ADF distorts his opinions when they cite his research. Just two pages later, he absolutely condemns conversion therapy as well in that same context.
“Lawyers owe a duty of candor to the court. You cannot offer false evidence, and if you do so accidentally and find out, you have to correct that,” – Clifford Rosky
Chiles’s case very usefully illustrates the big split in legal arguments. On one side are the LGBTQ+ rights advocates, while on the other are the conversion therapy supporters. It’s no surprise, then, that ADF claims that their research supports their position on the issue. Yet, opponents say it just obfuscates the true dangers confronting LGBTQ+ youth who undergo these treatments.
The Impact of Conversion Therapy Bans
The national conversation about conversion therapy bans has surged in recent years, as more and more states have passed laws banning these harmful practices. Proponents of these bans insist that these laws are necessary to protect children from irreversible psychological damage. They highlight the growing consensus among medical and mental health experts about the harmful individual and public health impact of conversion therapy.
The data has never been clearer A 2019 study found an undeniable correlation between exposure to conversion therapy and depression and suicidal ideation among LGBTQ+ youth. Particularly for mental health advocacy, the chilling effect of stigma and fear is profound. When combined, these factors can intensify feelings of shame and isolation for those who are in search of acceptance.
“That’s what’s diabolical about [ADF] using me. They know they are misrepresenting my views,” – Lisa Diamond
As these legal challenges such as Chiles’s play out, they threaten to undercut crucial hard-won legal protections against discrimination for LGBTQ+ people. The ramifications reach far outside the borders of Tennessee, with consequences for future dot laws in states across the country.