Summary of facts: In 2019 Colorado passed a law prohibiting licensed therapists from practicing “conversion therapy,” which it defined as anything that “attempts or purports to change an individual’s sexual orientation or gender identity, 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 law, however, exempts from this definition “[a]cceptance, support, and understanding for the facilitation of an individual’s coping, social support, and identity exploration,”  and “[a]ssistance to a person undergoing gender transition.”

The petitioner in this case, a believing Christian who wants to help young people who seek her guidance grow comfortable with their bodies and avoid harmful medical interventions, can’t do so without losing her license. She sued the state of Colorado, arguing that the law violated her Constitutional rights to freedom of speech and free exercise of religion. A divided panel of the U.S. Court of Appeals for the 10th Circuit ruled against her. The Supreme Court has agreed to hear her appeal.

RFI’s position: In enacting this law, Colorado intentionally endorsed progressive theological beliefs and targeted believers in the traditional religious morality of Judaism, Christianity and Islam. The law therefore constitutes a “religious gerrymander.” This violates the state’s duty under the Free Exercise and Establishment Clauses of the First Amendment to remain neutral on matters of religious belief.

Moreover, the law substantially burdens believers in traditional Judaism and Islam, faiths built upon long-standing notions of the importance of biological sex and which require a clear distinction between male and female for the sake of each individual and the community as a whole. Colorado’s law, however, forces believers with sexual identity discomfort either to seek therapy that will alienate him or her from the community or to forgo therapy altogether.

The law therefore burdens the communal practice of Judaism and Islam and those who may seek to become more comfortable with their biological sex. It should accordingly face strict First Amendment scrutiny.

Read the brief here.