National
Super Tuesday could bring more confusion to GOP race
High stakes as 437 delegates up for grabs next week
The winding road of the Republican presidential primary race continues next week as GOP voters in 10 states weigh in on who should be their standard-bearer heading into November.
A strong showing by any GOP candidate on Super Tuesday — when 437 delegates are up for grabs — could push someone from the race.
If former Massachusetts Gov. Mitt Romney, who regained his position as front-runner after wins in Arizona and Michigan this week, does well in the contests, it could mean the end of the game for one or more of his remaining opponents: former U.S. Sen. Rick Santorum, former U.S. House Speaker Newt Gingrich and Rep. Ron Paul (R-Texas).
The states holding contests on Super Tuesday are: Alaska, Georgia, Idaho, Massachusetts, North Dakota, Ohio, Oklahoma, Tennessee, Vermont and Virginia.
Super Tuesday comes on the heels of another important contest on Saturday: the Washington State caucuses, where 43 delegates are in play. On Tuesday, Wyoming will also begin its caucuses, but that process will continue throughout the week and the results won’t be known until Saturday.
But it appears that Super Tuesday will not be a cakewalk for Romney, after he only eked out a three-point win over Santorum in his home state of Michigan.
Dan Pinello, who’s gay and a government professor at the City University of New York, said he thinks the outcome of the contests will be “muddled” and won’t leave a clear Republican front-runner in their aftermath.
“It’s going to be a mix of wins by various candidates,” Pinello said. “I don’t think the field is going to be any clearer after Tuesday than it is before, quite frankly. I anticipate that all four candidates will also continue regardless of what happens on Tuesday.”
Hastings Wyman, who’s also gay and editor of the Southern Political Report, said Santorum may continue to show strength in several southern states.
“I think he has a good shot in Oklahoma, possibly in Tennessee, possibly in Georgia,” Wyman said. “The only one I would give him a good shot in is probably Oklahoma.”
In Ohio, Santorum could show that his campaign continues to have life. According to a poll published Tuesday by the University of Cincinnati, Santorum leads Romney by 11 percentage points among Republican primary voters.
Wyman said the race in Georgia is important for Gingrich because if he doesn’t win there, which is his home state, it will likely be the end of his campaign.
“It’s very hard to predict what he’ll do, but I think it’ll be very hard from him to stay in if he doesn’t carry Georgia,” Wyman said. “He’s working very hard down there. He’s touring the state, he’s speaking to these mega churches, he’s treating it like Romney was treating Michigan.”
Gingrich seems poised to capture the state. A poll published Monday by Survey USA found him leading there with 39 percent of support among Republican voters. Santorum follows at 24 percent, while Romney comes in at 23 percent.
The contest in Virginia will also be of special interest because it’s awarding a large number of delegates, 46, and because only two candidates will be on the ballot: Romney and Paul.
Wyman said Republicans unhappy with Romney may vote for Paul in an effort to prolong the Republican primary season and prevent Romney from claiming the nomination. Virginia has an open primary, which means Democrats can come to the polls.
“It would not surprise me if a lot of the people who vote for Santorum or Gingrich would get out the vote for Paul just to slow down Romney,” Wyman said.
David Lampo, a gay Republican activist from Alexandria, Va., said he’s voting for Paul in the primary not as a protest vote, but because of the candidate’s libertarian views.
“I’m a longtime libertarian, so of course he appeals to me,” Lampo said. “Not the greatest messenger, but he has reintroduced libertarianism to millions of Americans, particularly a whole new generation of young voters. And he even runs competitively with President Obama in many polls.”
As a U.S. House member, Paul was among the Republicans who voted for “Don’t Ask, Don’t Tell” repeal and against a U.S. constitutional amendment banning same-sex marriage, but the candidate has also been a strong supporter of the Defense of Marriage Act.
Lampo said Paul has been “a bit uneven” on LGBT issues, but “shines” compared to the other Republican presidential candidates.
CUNY’s Pinello said Paul may have “a few good showings” in Super Tuesday, but expressed doubt the candidate would be able to prevail in any states next week.
“I don’t know that he’ll win any states, but he will have good enough showings to argue that his effort isn’t necessarily doomed, at least from his perspective,” Pinello said. “His supporters are so gung-ho that it doesn’t really make a difference that he hasn’t won any states outright.”
Even if Romney builds off his wins in Michigan and Arizona by sweeping the contests on Super Tuesday, whether Santorum or Gingrich will drop out immediately remains unclear.
Wyman said the Romney alternatives may see if they can win a brokered convention when Republicans gather in Tampa later this year to anoint their nominee.
In that case, delegates wouldn’t be able to settle on a nominee during the ballot round and would have to negotiate through political horse-trading to settle on a candidate.
“If they can all stay in and keep their delegates at least on the first ballot — I think most states require that — then they might possibly be able to keep Romney from winning on the first ballot and maybe create some opportunity for somebody else,” Wyman said.
Pinello said the prospects of a brokered convention in Tampa are diminished now that Romney has pulled off a win — albeit a narrow one — in his home state of Michigan this week, but such an outcome could still be possible.
“If the current polling data nationally show that Obama has a lead, although not large, but nonetheless a lead, over all four of the current Republican candidates,” Pinello said. “So the party leadership across the nation that may be wishing for a Jeb Bush or a Chris Christie or someone else be their champion and save the day, but I don’t think that’s likely at all.”
Whether the GOP candidates will draw on anti-gay rhetoric to win support from Republican voters prior to Super Tuesday also remains to be seen.
Wyman said “you might see some” campaigning directed against the LGBT community in the Super Tuesday states as the candidates jockey for support among conservative voters.
“They’ve all been pretty stalwart in their opposition to anything gay,” Wyman said. “Every now and then one of them will act a little bit liberal and say, ‘I don’t believe in discrimination,’ but they do. Ultimately, they side with the religious right on most gay issues.”
Pinello expressed doubt that Romney would draw on anti-gay attacks, saying the candidate would instead opt to focus on economic issues, but couldn’t say the same about Santorum.
“He had that confrontation before the New Hampshire with college students over same-sex marriage,” Pinello said. “A lot of commentators said that had been a mistake by him in terms of allowing the issue to drift away from economic issues, but he doesn’t seem concerned by that. He’s happy to be the stalwart on social issues.”
Pinello said if the candidates want to talk about social issues, the would be more inclined hot button topics other than LGBT rights, such as a abortion and the Obama administration’s rule providing contraception to women.
The candidates’ positions on LGBT issues are already well-known. Each of the Republican candidates who’ve won primaries — Romney, Santorum and Gingrich — has signed a pledge from the National Organization for Marriage vowing to back a Federal Marriage Amendment, defend the Defense of Marriage Act in court and establish a commission on “religious liberty” to investigate the harassment of same-sex marriage supporters.
Santorum has gone further by saying he’d restore “Don’t Ask, Don’t Tell” if elected president, and Gingrich has said he’d order an “extensive review” of going back to the policy.
As candidates campaign in Tennessee, they may want to weigh in on state pending legislation commonly known as the “Don’t Say Gay” bill, which would prohibit discussion about homosexuality in schools from kindergarten through eighth grade.
Chris Sanders, chair of the Nashville Committee for the Tennessee Equality Project, said polls are showing Santorum has strength in Tennessee and his views are in synch with what’s happening in the legislature.
“Given the fact that he has been so explicitly anti-equality, it’s just another index that we’ve got a lot of work to do in Tennessee,” Sanders said.
Sanders dismissed the idea that Santorum or other candidates would explicitly mention state legislative issues, such as the “Don’t Say Gay Bill,” but said “the anti-equality candidates will find very hospitable ground for themselves here.”
The Washington State caucuses on Saturday could also draw anti-gay sentiments from the candidates because Gov. Chris Gregoire earlier this month signed marriage equality into law, and anti-gay forces are at work to collect the 120,577 signatures needed by June 6 to put the law before voters in November.
Santorum made his opposition to the marriage law a cornerstone of his campaign in Washington State. On the same day the marriage law was signed, Santorum held a campaign rally in the state, saying Gregoire’s signature “isn’t the last word” on marriage as he called on supporters to bring the measure to the polls.
For his part, Gingrich took a softer approach to Washington — as well as the expected legalization of same-sex marriage in Maryland — by saying last week these states were going about it “the right way” by using the legislative process instead of the courts, even though he personally opposes same-sex marriage.
“I think at least they’re doing it the right way, which is going through voters, giving them a chance to vote and not having a handful of judges arbitrarily impose their will,” Gingrich said.
The candidate’s statement contradicts his support for a Federal Marriage Amendment, which, if passed, would abrogate all laws allowing same-sex marriage, including those passed by state legislatures.
Romney has yet to address specifically the legalization of same-sex marriage in Washington, but Pinello doubted the candidate will talk about the issue ahead of Saturday.
“He is really trying to focus on economic issues, single-mindedly,” Pinello said. “I don’t think he would initiate any conversation. He can’t necessarily avoid a question that might come up if one were posed, but I’m sure it will be a short answer, and then he’d jump back to some economic issue.”
The White House
Kristi Noem ‘devastated’ as husband’s alleged fetish spending surfaces
Former DHS head ‘blindsided’ by allegations
Former Department of Homeland Security Secretary Kristi Noem said she is “devastated” after reports alleged her husband paid large sums to fetish models and shared cross-dressing photos while married to her.
The Daily Mail first reported the story on March 31, accusing 56-year-old Bryon Noem — the former second gentleman of South Dakota and husband to the former DHS secretary — of exchanging hundreds of messages with three women in the “bimbofication” fetish scene. According to the report, he praised their surgically enhanced bodies and was asked to send them money though various online accounts during the 14 months his wife led the nation’s largest federal law enforcement agency.
He sent them at least $25,000 via Cash App and PayPal, according to the story, that also included photos reportedly show him wearing pink shorts and a flesh-colored top with balloons simulating breasts.
When the payments were delayed or failed to be sent, the women would get mad and ignore him, the story reads. At least one woman who didn’t receive money after texting Noem was so disgruntled she posted about his behavior on social media before later deleting it.
The allegations quickly went viral across social media and major news outlets. Representatives for Kristi Noem told the New York Post she was “devastated” and that her family was “blindsided” by the claims, while requesting privacy and prayers.
President Donald Trump, when asked by the Daily Mail, expressed surprise that the Noem family had confirmed the photos’ authenticity.
“They confirmed it? Wow, well, I feel badly for the family if that’s the case, that’s too bad,” Trump told the outlet that broke the story. “I haven’t seen anything. I don’t know anything about it. That’s too bad, but I just know nothing about it.”
Kristi and Bryon Noem met in high school and married in 1992, according to the Daily Mail. They have two daughters, Kassidy, 31, and Kennedy, 29, and a son, Booker, 23.
The controversy comes after Noem’s recent removal from one of the highest-ranking positions in Trump’s Cabinet. Markwayne Mullin was sworn in as Homeland Security Secretary last week, though Noem remains part of the president’s team as special envoy to the Shield of the Americas, a U.S.-led regional security organization focused on coordinating efforts to combat organized crime, drug trafficking, and illegal migration throughout the Western Hemisphere.
Noem’s political career spans more than a decade across state and federal government jobs. She served in the South Dakota House of Representatives from 2007 to 2011, in the U.S. House of Representatives from 2011 to 2019, and as Governor of South Dakota from 2019 to 2025.
She was confirmed as Secretary of Homeland Security during Trump’s second term, serving from 2025 until her removal following widespread backlash over escalating U.S. Immigration and Customs Enforcement operations, which included separating children from their families and two separate fatal shootings of U.S. citizens by ICE officers during protests. Trump reportedly decided to fire Noem from DHS after her congressional hearing related to the deaths, in which she stated that the president had approved a $200 million-plus government-funded DHS advertising campaign that prominently featured her.
The reports about her husband have also reignited speculation about Noem’s personal life, including rumors involving Trump supporting political operative Corey Lewandowski, described by some as the “worst-kept secret in D.C.”
Some accounts suggest Bryon Noem was aware of the alleged relationship — and benefited from it. Political commentator Ryan James Girdusky fueled that speculation during an August 2025 episode of the It’s a Numbers Game podcast, citing what he described as “D.C. gossip” that a top Cabinet official — rumored to be Noem — had privately claimed her husband was gay.
“A reporter walked up to her and said, ‘Why are you having this affair? Why haven’t you met up with your husband? Why aren’t you divorcing your husband?’” Girdusky said on the podcast. “And she blurted out to this reporter, who I know, and said, ‘Oh, my husband’s gay.’”
Unlike the unverified claims surrounding her husband, Noem’s political record on LGBTQ issues is well documented.
In 2024, while serving as governor, her administration canceled a contract with a community health worker organization, resulting in a $300,000 settlement with a transgender advocacy group. The contract had included a roughly $136,000 state-administered federal grant, of which about $39,000 had already been distributed, according to the group’s attorneys.
Noem also championed a series of policies restricting trans rights. She signed executive orders in 2021 barring transgender girls and women from competing on women’s sports teams at public schools and colleges in the state. In addition to using executive authority to enact these policies, she signed legislation into law. She enacted House Bill 1080, which bans age-appropriate, medically necessary health care for trans youth — despite widespread support for such care from major medical associations and global health authorities.
Noem also supported legislation aimed at restricting trans athletes, though she ultimately vetoed one bill, citing potential legal challenges from the NCAA while maintaining support for its intent. Additionally, she signed a Religious Freedom Restoration Act that LGBTQ advocates say enables discrimination under the guise of protecting religious liberty.
U.S. Supreme Court
Colo. activists condemn SCOTUS conversion therapy ruling
8-1 decision could have sweeping implications
The Supreme Court ruled in Chiles v. Salazar that a Colorado law banning conversion therapy is unconstitutional, striking down the state’s 2019 statute and potentially impacting similar laws across the country. Religious advocates have hailed Tuesday’s decision as a victory for the First Amendment and evangelical Christians, while LGBTQ activists warn it could lead to increased harm for LGBTQ youth.
The conservative majority, joined by two progressive members of the court, sided 8–1 with Kaley Chiles on March 31 in what some critics are calling a landmark ruling for religious zealots, placing the teachings of the Bible above established medical consensus. Chiles, a Christian therapist who practices what she describes as “faith-based talk therapy for children,” challenged Colorado’s House Bill 19-1129, a law prohibiting licensed professionals from engaging minors in efforts to change their sexual orientation or gender identity through conversion therapy. She successfully argued that she and her clients have a constitutional religious right to choose the type of therapy they seek, effectively nullifying the Colorado law banning conversion therapy.
When the court heard oral arguments in October 2025, early questions indicated that the justices were likely to rule against the state in a matter involving LGBTQ rights, making this the fourth major LGBTQ rights case to come from Colorado since 1996.
In 1996, the Supreme Court overruled state initiative Amendment 2 in Romer v. Evans, which tried, but ultimately failed to restrict rules on gay people’s protected status in Colorado. Then in 2018, SCOTUS presided over Masterpiece Cakeshop v. Colorado Civil Rights Commission, when a Lakewood baker refused to make a cake for a gay client, which the state argued violated it’s civil rights commission order, but the court sided with the baker, ruling the commission had violated his Christian beliefs. In 2023 the court ruled in 303 Creative LLC v. Elenis that a Denver-based web designer is legally allowed to refuse to make wedding websites for same-sex couples, and successfully arguing she was constitutionally protected under the First Amendment.
Chiles, who practices in Colorado Springs, combines traditional psychological approaches — including cognitive, behavioral, psychodynamic, and humanistic therapies — with Christian beliefs. She argued that the law violated her First Amendment rights by restricting her ability to practice therapy aligned with her religious values, as well as limiting the rights of clients seeking that form of care.
Conversion therapy, widely discredited by major medical and psychological associations, is defined as practices that attempt to change a person’s sexual orientation or gender identity. Under Colorado law, providers found in violation could face fines up to $5,000, suspension, or loss of licensure.
Lower courts — including a district court and the 10th Circuit — previously upheld the law, finding it regulated professional conduct rather than speech and therefore required only minimal constitutional scrutiny. However, the Supreme Court, with three Trump-appointed justices, determined that the lower courts failed to apply “sufficiently rigorous First Amendment scrutiny,” raising concerns about violations of both the Establishment Clause and the Free Exercise Clause. The ruling sends the case back to a lower court for further review.
The decision reflects a broader trend in recent years, with the current court — often referred to as the Roberts Court — more frequently siding with religious liberty claims, particularly those involving Christian plaintiffs.
To better understand the implications of the ruling, the Washington Blade spoke with Colorado-based LGBTQ advocacy organization Rocky Mountain Equality, which has spent decades organizing, educating, and providing services across the state.
Founded in 1994 as Boulder Pride, the organization has since expanded into a statewide force addressing LGBTQ issues, including healthcare, housing, and youth services. Now operating as Rocky Mountain Equality, the group saw a 62 percent increase in 2024 operating revenue, growing to more than $3.765 million while running the Equality Center of the Rocky Mountains in Boulder.
Mardi Moore, the chief executive officer of Rocky Mountain Equality, sat down with the Blade to discuss the ruling and its impact on the broader LGBTQ community, calling it both expected and deeply concerning.
“When the ruling came out today, I think we all knew it wasn’t going to be a winning battle after hearing arguments, but the 8-1 decision made me sad, and honestly, it’s turning into anger,” Moore told the Blade on Tuesday morning. “This is a really sad day — not just for LGBTQ kids, but for all kids in Colorado.”
Moore explained that the law passed with support from Colorado lawmakers and felt like progress toward making the state safer for LGBTQ residents.
While oral arguments were being heard in October, the Blade spoke to a group of conversion therapy survivors who came to the nation’s capital to protest the ban’s removal and support one another. Their stories detailed the emotional and physical toll of conversion therapy.
“We all know the horror stories, and we know conversion therapy is pseudoscience,” she continued. “About a decade ago, Colorado passed a bill — under the leadership of then-Rep. Daniel Ramos — that banned conversion therapy with religious exceptions, which was a huge step forward.”
That step forward now feels like a step back, Moore suggested. While the ruling currently applies to Colorado, she warned it could embolden similar legal challenges nationwide.
“In our initial reading, this ruling only impacts Colorado and isn’t a broader issue for other states. But that doesn’t mean people who oppose LGBTQ rights won’t start fighting state by state,” Moore said. She pointed to the state’s history, including the fight against Amendment 2. “Here in Colorado, we’re used to these battles — we fought Amendment 2, and we’re still fighting now. There are two ballot measures this November: one targeting gender-affirming care for minors, and another banning trans youth from sports at all levels.”
These ballot measures, Moore explained, represent another attempt to restrict trans youth. One would limit gender-affirming surgeries for minors — procedures that research shows are extremely rare — while another would restrict sports participation based on sex assigned at birth.
“These efforts are trying to wipe trans kids off the map. This ruling is sickening — the religious right is still very active, and people who think voting doesn’t matter need to understand that presidents shape Supreme Courts.”
Moore emphasized that while national advocacy is critical, the fight increasingly comes down to local organizing and direct support.
“Here at Rocky Mountain Equality, we advocate for the community, train providers, and support people who have gone through conversion therapy. We have a strong youth program and will continue supporting young people in every way we can.”
“Colorado may seem progressive, but it’s still a purple state,” she added. “Messaging that works in Denver doesn’t always reach families who might send their kids to conversion therapy.”
The timing of the ruling — released on Trans Day of Visibility — also drew criticism.
“Releasing this decision on Trans Day of Visibility feels calculated. It takes a day meant for joy and turns it into another setback,” Moore said.
When asked about next steps, Moore pointed to state-apponited officials who support LGBTQ rights are likely reviewing options.
“I don’t have specifics yet on organized legal responses, but our attorney general, Phil Weiser, argued this case,” she said. “I imagine his office is reviewing every possible option right now.”
Despite the opinion dropping so recently, the emotional toll is already being felt.
“I texted a colleague this morning who went through conversion therapy — it was a sad emoji kind of day,” she said, also referencing a similiar feeling to the one she has now the case of Alana Chen, a University of Colorado Boulder student who died by suicide after experiencing conversion therapy.
“Her story devastated so many, including her mother,” she shared, adding that despite her death “is still advocating for young people” in the battle over conversion therapy — one that feels like it is getting worse with each ruling, with no end in sight.
“I think the real battle started this morning at kitchen tables. There are parents telling their kids, ‘I told you being queer was wrong — the Supreme Court says so,’” Moore said. “Those are the conversations we don’t hear, but they’re happening.”
Rocky Mountain Equality says it will continue focusing on direct support, specifically in rural communities which will face a particularly difficult time as LGBTQ rights become restricted.
“When people reach out to us from rural communities, we help connect them with affirming providers — locally if possible, or in places like Boulder County. We also help with financial support so they can access care. This work is about meeting people where they are,” she explained. “We’re working with organizations across the state, including in more conservative areas like Mesa County. The environments are very different, but we collaborate to share resources and support each other. Leading an organization right now is incredibly tough work.”
The organization is also mobilizing politically ahead of the ballot measures, using the anger from this case as fuel for the long hual to getting LGBTQ rights protected.
“Just last night, we had over 100 people at a kickoff event in Boulder for our campaign to defeat these ballot measures. People signed up to volunteer, donate, and write letters. We’re going to fight to make sure Colorado doesn’t become a ‘hate state’ again,” she said.
Moore also explained that as Colorado has become a leading destination for affirming healthcare and LGBTQ rights, people from more conservative neighboring states are seeking care there. She added that if the Centennial State can provide access to specialized care that has been politicized elsewhere, it should work to protect those services.
“People are coming to Colorado from surrounding states for gender-affirming care, abortion access, and support. We’re not going to let a small group of hateful voices take that away.”
She called on allies to take action, regardless of how small or meaningless it might seem at first.
“People can help by having conversations in their own communities about the value of every person. They can connect others with resources and support systems,” she said. “And for Colorado specifically, they can donate, share our work, and stand in solidarity.”
Moore drew parallels from past crises the LGBTQ community has had faced, yet many of the LGBTQ people she faught with in the seemingly impossible times of the past are still here and still fighting, emphasizing the community’s resilience..
“I was telling my staff — I’m an old dyke, and I remember the fight during the AIDS crisis. We were trying to make sure people were fed, cared for, and treated, all while our rights were under attack. We lost many lives, but we made it through — and we will again,” she recalled.
“They think if they attack us from every direction, they can erase us, but they’ve only made us stronger. We will continue supporting LGBTQ youth and all children who deserve protection from unregulated, harmful practices like conversion therapy.”
Other LGBTQ advocates also spoke out about the ruling’s impact.
Carl Charles, a member of the Elayne Cassidy Nicholas Memorial Counsel for Trans and Nonbinary Rights at Lambda Legal, issued a statement following the court’s ruling, while touching on and his personal experience with conversion therapy.
“I know firsthand the long-lasting harms of conversion therapy, having been subjected to it when I was 15 years old. This practice did not change my sexual orientation or gender identity. Instead, it destroyed important relationships and created shame and fear that took time and effort to undo. For many survivors, it is a reverberating life-long harm,” he said as he shared his story to the world via a friend-of-the-court brief with the Conversion Therapy Survivor Network, detailing the harms of conversion therapy they experienced.
“I am fortunate to have been able to transcend the trauma of that experience, to celebrate my identity as a transgender man, and to nurture a loving relationship with my husband. But so many young people do not have the familial or community support to withstand the impact of this unethical practice. LGBTQ+ youth do not need to be changed. Rather, like all youth, they need to be supported and celebrated for the unique and important people they are becoming.”
Human Rights Campaign President Kelley Robinson issued a statement following announcement of the court’s verdict, condemning the homophobic ruling as thinly veiled intolerance as masquerading a religious right fight. Before the case was heard, the HRC submitted amicus brief detailing how the legislation in question was not religous in nature, but is regulatory speech restriction that helping LGBTQ Americans.
“The court has weaponized free-speech in order to prioritize anti-LGBTQ+ bias over the safety, health and wellbeing of children,” her statement reads. “So-called ‘conversion therapy’ is pseudoscience, not real therapy. It has been condemned by every mainstream medical and mental health association and harms families, traumatizes children, and robs people of their faith communities. It is cruel and should never be offered under the guise of legitimate mental healthcare. To undermine protections that keep kids and families safe from these abusive practices is shocking — and our children deserve better.”
U.S. Supreme Court
Supreme Court rules against Colo. law banning conversion therapy for minors
8-1 decision could have sweeping impact
The U.S. Supreme Court on Tuesday ruled against a Colorado law that bans so-called conversion therapy for minors.
The justices last October heard oral arguments in Chiles v. Salazar. Today they ruled 8-1 in favor of Kaley Chiles, a Christian therapist who challenged the 2019 law.
In the case, which was heard by the justices in October 2025, Chiles successfully argued to the court that the law restricting this type of therapy was unconstitutional, leading to it being struck down.
The Supreme Court ultimately found that lower state and federal courts has “erred by failing to apply sufficiently rigorous First Amendment scrutiny,” ultimately reversing the widely discredited “medical” treatment that has support by a very narrow margin of mental health specialists — specifically religious and socially conservative ones. This is despite the fact that Colorado state officials have never enforced the measure in practice, and included a religious exemption for people “engaged in the practice of religious ministry.” The now moot law carried fines of up to $5,000 for each violation and possible suspension or revocation of a counselor’s license.
In the ruling, the court said the law, that specifically applies to talk therapy “impermissibly” interferes with free speech rights of Americans, and despite it being “regard[ed] its policy as essential to public health and safety, but the First Amendment stands as a shield against any effort to enforce orthodoxy in thought or speech in this country,” Justice Neil Gorsuch wrote for himself and seven other justices from across the ideological spectrum who overturned the low court’s ruling. He went on to add that the original ban “trains directly on the content of her speech and permits her to express some viewpoints but not others,” sending it back down to a lower court.
Only Justice Ketanji Brown Jackson dissented, which included an in depth summary of her departure from the other eight justices, explaining her fears about the verdict — and its eventual chilling effect on legislation that could attempts to restrict regulatory speech for religious attitudes— despite that these regulations are often made as a direct creation of years of essentially unanimous research, and are vetted though regulatory boards for specific jobs.
“This decision might make speech-only therapies and other medical treatments involving practitioner speech effectively unregulatable,” Jackson wrote on page 32 of the 35-page opinion issued by court in response to her opposing eight members comments on the bench.
Since the ruling late Tuesday morning, a slew of LGBTQ advocacy groups, as well as groups promoting LGBTQ discrimination, have issued statements on the direct impact this will have across the country for LGBTQ people.
Democratic Senator, running for reelection in Colorado, John Hickenlooper issued a condemnation of the practice on his X account. “Conversion therapy is cruel and inhumane, plain and simple. This SCOTUS decision is dangerous for LGBTQ+ Americans,” Our LGBTQ+ community deserves safety, acceptance, and love. We won’t ever let up in our fight for a better nation.”
Conversion therapy is cruel and inhumane, plain and simple. This SCOTUS decision is dangerous for LGBTQ+ Americans.,” the former governor said on the platform. “Our LGBTQ+ community deserves safety, acceptance, and love. We won’t ever let up in our fight for a better nation.”
Polly Crozier, director of family advocacy at GLBTQ Legal Advocates & Defenders (GLAD Law), provided a statement to the Washington Blade on the court’s decision.
“Today’s Supreme Court ruling limited Colorado’s statute that preemptively shielded minors from conversion therapy, but it leaves open avenues for states to protect families from harmful, unscrupulous, and misleading practices that divide parents from their children and put LGBTQ+ youth at risk,” Crozier wrote, pointing to the overwhelming evidence on conversion therapy that argues this type of regulatory legislation is helping those suffering rather than harming. “The evidence is clear that conversion practices lead to increased anxiety, depression, and suicidality. This is a dangerous practice that has been condemned by every major medical association in the country. Today’s decision does not change the science, and it does not change the fact that conversion therapists who harm patients will still face legal consequences, and that family advocates, mental health practitioners, and all of us who care about the wellbeing of youth will continue working to shield LGBTQ+ young people and their families from this dangerous practice.”
Human Rights Campaign President Kelley Robinson, who leads the nation’s largest LGBTQ advocacy group, also provided a statement, calling the courts choice a “reckless decision.” The statement also points out how their own data (from the group’s philanthropic arm of the organization) was cited in Brown Jackson’s dissent in the amicus brief.
“The court has weaponized free-speech in order to prioritize anti-LGBTQ+ bias over the safety, health and wellbeing of children,” her statement reads. “So-called ‘conversion therapy’ is pseudoscience, not real therapy. It has been condemned by every mainstream medical and mental health association and harms families, traumatizes children, and robs people of their faith communities. It is cruel and should never be offered under the guise of legitimate mental healthcare. To undermine protections that keep kids and families safe from these abusive practices is shocking — and our children deserve better.”
Liberty Counsel, a nonprofit, tax-exempt Christian ministry that uses litigation to promote evangelical Christian values and limit LGBTQ protections, which was designated as a hate group by the Southern Poverty Law Center, was also cited in the court’s amicus brief, but in support of overturning the law.
“The U.S. Supreme Court’s resounding decision in Chiles v. Salazar is a major victory for the integrity of the counseling profession,” Mat Staver, founder and chairman of Liberty Council said today. “This ruling ensures the government cannot strip the First Amendment away from licensed counselors and dictate a state-mandated ideology between counselor and client. Talk therapy is speech, and the government has no authority to restrict that speech to just one viewpoint. Counseling bans can now be struck down nationwide so that people can get the counseling they need.”
GLAAD, one of the nation’s oldest non-profit organizations focused on LGBTQ advocacy and cultural change issued a statement pon the verdict, emphasizing what multiple advocate groups have said — this decision will impact an already vulnerable youth population at an elevated high risk.
“The court once again prioritized malice over best practice medicine,” Sarah Kate Ellis, president and CEO of GLAAD said in a statement. “In the face of this harmful decision, we need to amplify the voices of survivors of this dangerous and disproven practice, and continue to hold anyone who peddles in this junk science liable.”
Truth Wins Out, an organization that works towards “advancing liberty and democracy through protecting the rights of LGBTQ people and other minorities” called out the court’s majority opinion for its potential for religious extremism and spread of disinformation.
“This ruling is a profound failure of both logic and moral responsibility that confuses ‘free speech’ with ‘false speech’,” Wayne Besen, the executive director of Truth Wins Out said in a comment. ” It opens the door for quackery to flourish and allows practitioners of a thoroughly debunked practice to continue harming LGBTQ youth under a thin veneer of legitimacy
Adrian Shanker, the former Deputy Assistant Secretary for Health Policy at Health and Human Services under President Joe Biden who also led LGBTQ policy at the agency spoke about the detrimental impact this will have on rules and regulations within the healthcare field that are supposed to be inherently secular by nature.
“No matter what the Supreme Court decided today, it is irrefutable that conversion therapy is harmful to the health and wellbeing of LGBTQI+ youth,” Shanker told the Blade, continuing the Trump-Vance administration’s choice to no longer formally support LGBTQ inclusive policy. “That’s why in the Biden administration we advanced policies to safeguard youth from this harmful practice.”
In an consistently updated document started in 2018 that cites the major harms risks conversion therapy poses to LGBTQ people, the Trevor Project, the leading suicide prevention and crisis intervention organization for LGBTQ young people, included that the federal government’s own research proved the practice at best questionable and at worst deadly.
In a 2023 report entitled Moving Beyond Change Efforts: Evidence and Action to Support and Affirm LGBTQI+ Youth, the U.S. Department of Health and Human Services’ Substance Abuse and Mental Health Services Administration stressed that “[sexual orientation and gender identity] change efforts are harmful practices that are never appropriate with LGBTQI+
youth, and efforts are needed to end these practices,” the summary of the fight against conversion therapy in the U.S. reads.
More than 20 states and D.C. banned the widely discredited practice for minors prior to the Supreme Court’s ruling.
The Blade last October spoke to conversion therapy survivors after the justices heard oral arguments in the Chiles case.
