What SCOTUS’ Decision to Overturn Colorado’s Conversion Therapy Ban Means for Pennsylvania’s LGBTQ+ Youth
On the last day of March, the Supreme Court of the United States decided Chiles v. Salazar in favor of the plaintiff – overturning the Colorado law that had made spoken conversion therapy illegal. The court ruled, eight to one, that Colorado’s ban infringed upon licensed evangelical Christian therapist Kaley Chiles’ First Amendment rights.
Starting with former Governor Wolf’s administration, Pennsylvania lawmakers have worked to ensure the safety of LGBTQ+ individuals and families against such discrimination and bigotry. Since the SCOTUS ruling, however, members of that community have voiced concern that overturning Colorado’s ban might negatively impact those protections here in the commonwealth.
Marlene Pray, director and founder of Planned Parenthood Keystone’s Rainbow Room, has a message for lawmakers.
“The kids we serve are watching. From my 26 years running the Rainbow Room — and as a NAMI Bucks board member, professional sex educator, and advocate for LGBTQ+ youth — I can tell you that LGBTQ+ youth are acutely aware of what some in this country thinks of them,” said Pray.
And based on those opinions, she fears Chiles v. Salazar may embolden conversion therapy advocates to target these young people, again.
“This ruling sends a message, and it’s a cruel one,” Pray added. “Our job now is to make sure every young person we serve knows that we haven’t moved. Their identities are not problems to be fixed.”
The Rainbow Room has been serving Bucks County LGBTQ+ youth since 2002, providing supportive and empowering environments at its center in Doylestown, and more recently at its new, second space in Langhorne.
Jeffery Dodge, associate professor of law at Penn State Dickinson Law School, explained just what sort of impact the SCOTUS ruling may have on the language of conversion therapy laws, if not the intent:
“Colorado had a law that banned conversion therapy that was specifically targeted to minors who were gay or transgendered. And there was a therapist, a known evangelical Christian therapist – that’s part of her identity – that felt like this ban was a restriction on her first amendment rights: in that she could not, through talk therapy, assist someone that may be seeking to suppress their sexuality or gender identity because of this statewide ban.”
The only dissenting justice, Ketanji Brown Jackson, argued in opposition that Chiles’ first amendment speech did not protect her if she dispensed debunked, detrimental health care advice.
Indeed, the American Psychological Association – in a study updated this past week – has described conversation therapy as based on false and harmful ideas.
And while Justices Elena Kagan and Sonia Sotomayor have been criticized in the media for joining with the conservatives on the court in their decision to protect the First Amendment rights of the plaintiff, in their concurrence they explained that because the state was choosing to protect only one side of the discussion – essentially taking a side in a political discussion – the restrictions abridged Chiles’ right to self-expression.
READ: Pennsylvania Takes Important Step to Protect LGBTQ Youth By Repudiating ‘Conversion Therapy’
Dodge went on to explain that the two women criticized the nature of the ban, not the notion of a ban on conversion therapy. The non-dissenting liberal judges left the door open for a future, improved legislation, if the law were worded differently.
Dodge elaborated, “Kagan said in the concurring opinion, quote, ‘Because the state has suppressed one side of a debate, while aiding the other, the constitutional issue is straightforward.’ In taking a side through the way their [Colorado’s] ban was worded, that’s where the violation of the 1st Amendment has come forward.” Dodge said. “But, the concurring opinion really does say that some redrafting of this to make it more neutral, could address the First Amendment part of what won this case.”
When asked to opine how this will affect recent efforts by Governor Shapiro to protect individuals from conversion therapy – when in 2024 his administration prohibited financial reimbursement for the practice by private and public insurers – Dodge found no reason for concern. “I’m confident that the governor will continue to stand firm in not covering these practices.”
He explained that this isn’t the first medical treatment for which reimbursement is denied. “There are a lot of medical procedures that are covered or not covered by insurers.”
Dodge’s speculation was confirmed by Shapiro Spokesperson Rosie Lapowsky.
“The Shapiro Administration is committed to making sure everyone is protected, feels welcome, and can thrive in the Commonwealth of Pennsylvania. Five state professional boards have reached the conclusion that conversion therapy is a discredited, pseudoscientific practice that can cause lasting harm to patients,” said Lapowsky. “The recent SCOTUS ruling does not change Pennsylvania’s approach to protecting its residents from this dangerous practice.”
Additionally, the Shapiro administration has recommitted to investigate any claims made on behalf of conversion therapists. “The Pennsylvania Department of Human Services (PA DHS) is directed under [Governor Wolf’s] Executive Order 2022-02 to receive and investigate any reports of paid claims for conversion therapy through the state’s Medicaid Program and the Children’s Health Insurance Program (CHIP).”
The Department of Human Services has confirmed that no such reports have been received since the executive order was issued.
READ: Supreme Court Ruling on Colorado Conversion Therapy Case Is Not a Clear Win for Conservatives
Chad Dion Lassiter, executive director of the Pennsylvania Human Relations Commission (PHRC), likewise addressed the legal implication of the Supreme Court overturning Colorado’s ban. “The Supreme Court ruling does not have a direct impact on state anti-discrimination protections. Pennsylvania’s 2023 PHRC regulations ensure strong, enforceable protections for LGBTQ+ youth right now.”
Lassiter went on to explain exactly what conditions are protected. “In 2023, PHRC finalized regulations that explicitly defined sex to include: sex assigned at birth, gender identity or expression, sexual orientation, differences in sex development, pregnancy, childbirth, and breastfeeding status.”
For Lassiter, Pennsylvania’s civil rights protections are clear and unchanged by Chiles v. Salazar. Lassiter added that those protections go far beyond health care.
“I can tell you that LGBTQ+ youth are acutely aware of what some in this country thinks of them.” – Marlene Pray, director of The Rainbow Room, Bucks County’s LGBTQ+ Youth Center
“These regulations offer a clear and enforceable standard across employment, education, housing, and public accommodations,” he said. “Anyone who believes they have experienced discrimination on the basis of sex is encouraged to file a complaint with the PHRC.”
And while Pennsylvanians are protected from the Supreme Court’s ruling on Colorado’s ban, Professor Dodge voiced some concern pointing to how many universities and legal offices buckled under political pressure after President Trump threatened funding to institutions celebrating, or protecting, diversity. The professor remarked that expensive legal action may cause some lesser committed human rights efforts to give way.
“At the same time, I recognize that part of the strategy here is to stoke fear and concern about the potential for litigation, and it could motivate. There are many other states where they will take this and make changes to their coverage,” Dodge said. “I think folks in more politically challenging environments may want to make that change to avoid the potential of litigation.”
For now, in Pennsylvania, Governor Shapiro’s office gets the last word on whether or not therapists can participate in conversion therapy in the commonwealth. And that word is ‘No’.
In fact, Lapowsky urged that individuals can report these practices through the Medical Assistance Provider Compliance Hotline Response Form or by calling 1-866-379-8477. Complaints regarding a licensed professional can also be filed with the Pennsylvania Department of State. “If any are received, PID [Pennsylvania Insurance Department] will utilize the resources within its jurisdiction to ensure the insurer is complying with the law.”
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