SUMMARY OF ARGUMENT

Conversion efforts harm children. The peer-reviewed scientific literature linking gender identity conversion efforts to harm is extensive and shows that people exposed to gender identity conversion efforts of any type are more likely to experience symptoms of depression, anxiety, and post-traumatic stress disorder. They are more likely to attempt suicide, particularly if they were exposed to conversion efforts during childhood. And the literature linking sexual orientation conversion efforts to harm is similarly extensive. These findings have led every major U.S. medical and mental health organization to condemn conversion efforts.

This is true whether the conversion efforts are conducted through aversive or non-aversive (primarily talk) therapy. Indeed, as Petitioner recognizes, aversive therapy is incredibly rare and has not been recently practiced in the United States. Thus, the recent studies linking conversion efforts to harm to children have primarily, if not exclusively, studied the negative impacts of non-aversive therapies. The language of Colorado’s law closely mirrors that of the studies that have been conducted and the law is appropriately tailored based on the evidence.

While Colorado has appropriately banned conversion efforts directed at minors, it has carefully drafted its law to continue to permit the type of explorative therapy Petitioner claims she practices. Nor does Colorado’s law prohibit therapists from working with young people on topics related to their gender identity in a way that helps youth navigate their religious backgrounds.

Conversion efforts and exploratory psychotherapy are distinct, mutually exclusive practices. And Petitioner’s approval and apparent use of exploratory psychotherapy belies any contention that such care involves “pushing” young people toward transition. Medical guidelines recommend no such thing. Instead, existing medical guidelines recommend a cautious approach and comprehensive biopsychosocial mental health evaluation prior to even considering gender-affirming interventions. In fact, because Colorado’s law bans attempts to change a person’s gender identity, pushing a young person to be transgender is illegal.

Finally, a ruling in favor of Petitioners not only places LGBTQ+ children in harm’s path, but threatens the mental health of children of all backgrounds. Colorado law forbids counselors from denigrating or attempting to change a patient’s religious beliefs just as it prohibits conversion efforts. But if this Court were to find a First Amendment right to practice non-aversive conversion efforts, counselors would necessarily be similarly free to attempt to change a patient’s religious beliefs. Such a result would endanger religious families, stripping them of the very safeguards that ensure their faith traditions are honored in treatment. By prohibiting conversion therapy, states preserve ethical space for religion in care while ensuring that therapists do not impose personal ideology on vulnerable youth.

The Court should reaffirm that Colorado may protect children and adolescents from efforts to alter aspects of identity—sexual orientation or gender identity—contrary to the patient’s wellbeing and contrary to medical evidence.

Summary

Efforts to change a child's gender identity are harmful. Scientific studies have shown that individuals exposed to these efforts are more likely to experience symptoms of depression, anxiety, and post-traumatic stress disorder. The risk of suicide attempts is higher, especially for those exposed during childhood. Similar findings exist regarding efforts to change sexual orientation. Because of these findings, all major U.S. medical and mental health organizations oppose conversion efforts.

This harm occurs regardless of whether the conversion efforts involve harsh, unpleasant methods or primarily talk-based therapy. Harsh methods are rare and not common in the United States today. Therefore, recent studies on the negative effects of conversion efforts on children have mainly focused on talk-based therapies. Colorado's law is based on this evidence.

Colorado's law bans conversion efforts aimed at minors but allows for explorative therapy. The law also permits therapists to help young people navigate their gender identity in the context of their religious backgrounds.

Conversion efforts and explorative psychotherapy are different practices. Medical guidelines do not recommend forcing young people toward gender transition. Instead, these guidelines suggest a careful approach and a thorough mental health evaluation before considering gender-affirming interventions. Colorado's law prohibits attempts to change a person's gender identity, making it illegal to push a young person to identify as transgender.

A ruling in favor of those seeking to practice conversion efforts would put LGBTQ+ children at risk and could harm the mental health of all children. Colorado law also prevents counselors from belittling or trying to change a patient's religious beliefs, similar to how it prohibits conversion efforts. If the Court were to allow non-aversive conversion efforts based on free speech, counselors could also be free to try to change a patient's religious beliefs. This would threaten religious families by removing protections that ensure their faith is respected during treatment. By banning conversion therapy, states protect the role of religion in care and prevent therapists from imposing their personal beliefs on young people.

The Court should confirm that Colorado can protect children and adolescents from attempts to change their sexual orientation or gender identity when such attempts are against their well-being and medical evidence.

SUMMARY OF ARGUMENT

Efforts to change a child's gender identity are harmful. Scientific studies confirm that individuals exposed to these efforts are more likely to experience depression, anxiety, and post-traumatic stress disorder. The risk of suicide attempts increases, especially when such efforts occur during childhood. Similar extensive research links sexual orientation change efforts to harm. These findings have led every major U.S. medical and mental health organization to condemn these practices.

This holds true for both harsh and gentler (talk-based) conversion efforts. Harsh methods are rare and not currently practiced in the United States. Therefore, recent studies showing harm to children primarily focus on the negative impacts of talk-based therapies. Colorado's law mirrors the language of these studies and is carefully designed based on the evidence.

Colorado has appropriately banned conversion efforts for minors but has also written its law to permit exploratory therapy. The law does not prevent therapists from discussing gender identity with young people in a way that respects their religious backgrounds.

Conversion efforts and exploratory psychotherapy are separate and distinct practices. The practice of exploratory psychotherapy does not involve pushing young people towards a specific outcome, such as transitioning. Medical guidelines do not recommend such an approach. Instead, existing medical guidelines suggest a careful approach and a thorough mental health evaluation before considering gender-affirming interventions. In fact, Colorado's law prohibits attempts to change a person's gender identity, making it illegal to push a young person to identify as transgender.

A ruling in favor of those advocating for conversion efforts would not only endanger LGBTQ+ children but also threaten the mental health of all children. Colorado law forbids counselors from denigrating or attempting to change a patient's religious beliefs, just as it prohibits conversion efforts. However, if a First Amendment right to practice talk-based conversion efforts were recognized, counselors might also be free to try to change a patient's religious beliefs. This outcome could put religious families at risk, removing protections that ensure their faith traditions are respected during treatment. By banning conversion therapy, states maintain a respectful space for religion in care while ensuring therapists do not impose their personal beliefs on vulnerable youth.

The Court should confirm that Colorado can protect children and adolescents from attempts to alter their sexual orientation or gender identity, especially when such efforts are against the patient's well-being and unsupported by medical evidence.

Summary

Efforts to change a child's gender identity are harmful. Scientific research shows that people who experience these efforts are more likely to have symptoms of depression, anxiety, and post-traumatic stress disorder. They are also more likely to attempt suicide, especially if the efforts occurred during childhood. Similar research links efforts to change sexual orientation to similar harms. Because of these findings, all major U.S. medical and mental health organizations have spoken out against such efforts.

This harm occurs whether the efforts involve harsh, forceful methods or gentler, talk-based therapy. Harsh methods are very rare and have not been used recently in the United States. Therefore, recent studies showing harm to children have mostly focused on the negative effects of talk-based therapies. Colorado's law is written to match the findings of these studies and is appropriate based on the evidence.

Colorado has banned efforts to change a minor's gender identity, but its law is carefully written to still allow the type of exploratory therapy that some practitioners say they use. The law also does not stop therapists from helping young people explore their gender identity in ways that consider their religious backgrounds.

Efforts to change gender identity and exploratory psychotherapy are different and cannot both happen at the same time. The fact that some practitioners support and use exploratory psychotherapy suggests that this type of care does not involve pushing young people to transition. Medical guidelines do not recommend such an approach. Instead, current medical guidelines advise a careful approach and a thorough mental health evaluation before even considering gender-affirming medical treatments. In fact, because Colorado's law bans attempts to change a person's gender identity, pushing a young person to identify as transgender is illegal.

A ruling that favors those who want to change gender identity could harm LGBTQ+ children and also threaten the mental health of all children. Colorado law prevents counselors from disrespecting or trying to change a patient's religious beliefs, just as it prohibits efforts to change gender identity. However, if a court were to decide that there is a right to use talk-based methods to change gender identity, then counselors might also be free to try to change a patient's religious beliefs. This would put religious families at risk, removing the protections that ensure their faith is respected in therapy. By banning efforts to change gender identity, states protect the place of religion in care and make sure therapists do not force their personal beliefs on young people who are vulnerable.

The Court should confirm that Colorado has the right to protect children and teenagers from efforts to change their sexual orientation or gender identity, especially when such efforts go against a patient's well-being and medical evidence.

Summary

Trying to change a child's gender identity causes them harm. Many studies show this. People who went through these efforts are more likely to feel depressed, anxious, or have bad memories. They are also more likely to try to harm themselves, especially if it happened when they were children.

Trying to change someone's sexual orientation also causes harm. Because of these findings, all major doctors' and mental health groups in the U.S. say these efforts are wrong.

This is true for all kinds of these efforts, even those that mostly involve talking. The studies that show harm to children usually looked at these talking methods. Colorado's law against these efforts matches what the studies have found.

Colorado's law stops these harmful efforts for young people. But it still allows other types of therapy where young people can talk about their gender identity and their religious beliefs.

Efforts to change someone's identity and talking therapy are different. Medical groups say that before any changes are considered, doctors should be careful and do a full check-up. Colorado's law makes it against the rules to try to make a young person transgender.

If the Court rules for the people who want to change children's identities, it would harm LGBTQ+ children. It could also hurt all children's mental health. Colorado law also stops counselors from trying to change a patient's religious beliefs. If counselors could try to change someone's gender identity, they might also be able to try to change religious beliefs. This would put religious families at risk. Stopping these harmful efforts helps keep religion respected in care and stops therapists from forcing their own ideas on young people.

The Court should agree that Colorado can protect children and teenagers from efforts to change who they are, which goes against what is good for them and what medical science shows.