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Newsom: Supreme Court defeat would trigger new ballot measure

Calif.’s lieutenant guv speaks out on Prop 8, Barney Frank and more

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Calif. Lt. Gov. Gavin Newsom by Michael Key Washington Blade
Calif. Lt. Gov. Gavin Newsom by Michael Key Washington Blade

On the same day the Supreme Court hard oral arguments in a case challenging his state’s gay marriage ban, California Lt. Gov. Gavin Newsom spoke at length about Prop 8, Barney Frank and more in an interview. (Washington Blade photo by Michael Key)

California Lt. Gov. and former San Francisco Mayor Gavin Newsom says a decision by the U.S. Supreme Court to uphold Proposition 8’s ban on same-sex marriage would prompt the California Legislature to place a pro-marriage equality referendum on the ballot in 2014.

In an exclusive interview with the Washington Blade on Tuesday, after attending the Supreme Court’s oral arguments on the Prop 8 case, Newsom said he is confident the court will strike down Prop 8. He said he’s hopeful but less confident that the high court will issue a broader decision legalizing same-sex marriage in all 50 states.

But Newsom predicted that a “worst case scenario” ruling upholding Prop 8 would trigger an immediate backlash in the LGBT community in California and among the state’s pro-marriage equality lawmakers. This would lead to placing a Prop 8 repeal measure on the ballot, most likely in the 2014 election cycle, he said.

“I don’t know if I want to use the word shock because that’s a little hyperbolic,” he said in describing the reaction to a decision leaving Prop 8 in place. “But that backlash would immediately precipitate a ballot measure that most likely in this case…the legislature would put that on the ballot,” he said.

“It would require two-thirds of the legislature. There is two-thirds of the legislature now that supports marriage equality,” he said.

“So you wouldn’t even have to get the signatures,” Newsom added. “And I think that would immediately happen. And we would put on a campaign to end all campaigns. And we would win quite handily in 2014.”

Newsom told the Blade he has no regrets over his highly controversial decision in 2004 to use his authority as San Francisco mayor to direct the city to begin issuing marriage licenses to same-sex couples before any court or state governmental body gave the go-ahead for such marriages.

In February 2004 Newsom himself performed the first of the city-authorized same-sex nuptials in a City Hall ceremony that drew national and international press coverage. The couple joined in marriage in that ceremony was longtime lesbian activists Phyllis Lion and Del Martin, who were in their 80s.

“[T]hat one couple, Phyllis Lyon and Del Martin, became 4,036 additional couples from 46 states,” Newsom said, noting that other same-sex couples came to San Francisco from eight countries to get married.

“And it wasn’t just the couples,” he said. “What was so profound about that in February 2004 were the mothers and fathers and the brothers and sisters and the grandparents and grandkids that all assembled there – tens of thousands of people celebrating life, celebrating love, celebrating marriage.”

Less than a year later, however, gay marriage opponents succeeded in obtaining a court ruling barring Newsom and San Francisco authorities from performing same-sex marriages. The ruling also declared all of the same-sex marriages performed by the city as invalid.

Critics of Newsom’s decision to authorize the marriages, including then-U.S. Rep. Barney Frank (D-Mass.), who’s gay, blamed Newsom for playing into the hands of anti-gay groups seeking to ban same-sex marriage through state constitutional amendments.

Close to a dozen such amendments passed through ballot measures that year, and some political pundits said the ballot measures helped Republican George W. Bush win the 2004 presidential election by drawing conservative voters to the polls in larger than usual numbers.

Newsom and LGBT activists who supported his decision to authorize the San Francisco marriages say the action boosted efforts to challenge California’s ban on same-sex marriage in the state courts. In early 2008, the California Supreme Court ruled that same-sex couples have a right to marry under the state’s constitution, opening the way for same-sex couples to marry throughout the state.

But voters overturned the court’s decision in November 2008 when they approved Proposition 8. Subsequent court challenges to Prop 8 resulted in it coming before the U.S. Supreme Court in Tuesday’s oral arguments.

Newsom said he was troubled by the criticism he received, especially criticism form Frank, who he says he deeply respects as an LGBT rights advocate.

“So I respectfully disagree with him,” Newsom told the Blade. “And I think there’s thousands and thousands of people who came to San Francisco who would respectfully disagree with him.”

According to Newsom, his and his city’s decision to permit same-sex marriages led to marriage equality advances in subsequent years.

“I think it required shaking things up a little bit because I think just waiting around for the courts…we could take 30 years, 40 years,” he said. “And I think in many ways what we did certainly inspired the California Supreme Court.”

 

Following is a transcript of Lt. Governor Gavin Newsom’s interview with the Washington Blade:

Washington Blade: What were your thoughts on how the arguments went on Tuesday as you observed them in the Supreme Court chambers?

Gavin Newsom:  It’s a humbling experience any time you listen to oral arguments at the Supreme Court because in most every instance history is being made. And to see this arc over the last nine, 10 years and to see the progress that’s been made, public opinion shifting and knowing what’s at stake for California and Californians but also for the country in its prospects on marriage equality, it was a pretty wonderful experience.

 

Blade: Did you have a sense of which direction the justices may go?

Newsom: We all come in with our preconceived biases. I’ve long felt that the narrow decision was most likely, although I confess that I got caught up in the spirit of the times in the last two months, hoping perhaps the issue and the arguments persuade a broader, national conversation.

That clearly didn’t happen in the courtroom at least. It certainly happened in the briefs, but not in the courtroom in terms of the oral arguments. So I left with that as a caveat of disappointment but realizing an hour or so later, reflecting on it, that it went as well as I could ever have hoped a few months ago.

And I feel stronger now that the likelihood of Prop 8 being struck down has grounded itself in the oral arguments either on standing, which everyone seemed to be coveting. It was interesting, the focus on that, or on the limited, narrow question of the Ninth Circuit.

 

Blade: Are you sensing the court may rule on the narrow issue of allowing same-sex marriages in California but not in other states?

Newsom: Yeah, I think it’s more likely than not. I want to be surprised and I desperately want to be wrong because I think this is a fundamental civil right. It’s a constitutional right. And it should be afforded every American, not just Californians. And so I really do hope I’m wrong. But based on the passing reference, ironically, from [Justice Antonin] Scalia – the notion of 50 states being impacted by this decision – I walked away feeling that’s less likely. Again, I hope I’m wrong.

 

Blade: Are you basing that also on what some of the more liberal and progressive justices were saying?

Newsom: Yeah. Even [Justice Sonia] Sotomayor’s own comments – I was sort of struck by that. I hope people were playing devil’s advocate, and that’s often the case with this court. So perhaps that was a reflection of that point of view or at least that kind of Socratic engagement with the attorneys.

But you know, this idea that you can let states decide the rights of a minority is preposterous to me. I mean, it just flies in the face of our history. If you submit the rights of a minority to the whims of the majority you’ll get what we’ve historically gotten. And that’s oppression of the minority rights. And I just don’t accept it.

 

Blade: You have been involved with this from the outset or at least since 2004. Could you say a little about what you were thinking when you shook up a lot of people by having San Francisco perform same-sex marriages at that time before any court declared they were legal? Weren’t you the first to perform one of those marriages for a lesbian couple at City Hall?

Newsom: I guess I was, certainly from an elective office. So there’s no doubt about that. You know, it’s interesting. We wanted to put a human face on it, period. And you know what? Frankly, that was the one thing – if there was anything that sat with me [on Tuesday] it was how little we talked about the human element here at the [U.S. Supreme] court. And I understand that. My father is a judge. This is a courtroom. There are legal briefs. But with the exception of [Justice Anthony] Kennedy, who brought up children into the courtroom, which I thought was significant and telling. I thought it was an important take away in terms of where Kennedy may be.

You know, what we did in 2004 was I didn’t want to listen to President Bush out there on the campaign trail supporting a constitutional amendment banning same-sex marriage…

But that one couple, Phyllis Lyon and Del Martin, became 4,036 additional couples from 46 states. It was truly nationalized. It was not a local issue in San Francisco – 46 states and eight countries – and it wasn’t just the couples. What was so profound about that in February 2004 were the mothers and fathers and the brothers and sisters and grandparents and grandkids that all assembled there — tens of thousands of people celebrating life, celebrating love, celebrating marriage.

And it deepened my connection to not only the issue but to the community and my passion for equal rights. And I was struck by how many of my fellow Democrats ran, didn’t walk, from the issue in 2004, 5, 6, 7, 8. And only until recently have we seen a cascade of leadership which is fabulous, from [New York Governor Andrew] Cuomo and [Maryland Governor Martin] O’Malley to the president himself and others elected who are showing courage now. And I’m humbled by that now. But I’m frustrated a bit that it took even this long because we were having a lot of private conversations, and they weren’t disclosing publicly. There’s nothing worse than politicians saying one thing privately and doing another thing publicly.

 

Blade: Are you saying they were saying they supported marriage equality privately but not publicly?

Newsom: Yeah – in most cases. And they were just worried about their political career. I get that. But you know what? I like the politicians that are worried about the people they claim to represent more than they do their own political future. That’s sort of my argument on this assault weapons discussion right now. It kind of gets me a little angry – that people are worried more about their own elections than the faces of those kids in Newtown.

 

Blade: Then Congressman Barney Frank was among those that said your decision to perform same-sex marriages as mayor of San Francisco led to the passage of the state ballot measures banning same-sex marriage and raised the threat of a constitutional amendment to ban gay marriage passing in Congress.

Newsom: You know, I’m not going to – he’s gone out of his way to say that over and over again. And I’ll continue to go out of my way to celebrate his leadership in terms of LGBT rights. I don’t even belong in the same room as he in terms of what he’s done for the community. So I respectfully disagree with him. And I think a lot of people do. And I think there’s thousands and thousands of couples who came to San Francisco who would respectfully disagree with him.

And I think it required shaking things up a little bit because I think just waiting around for the courts – one off here, one off here – we could take 30 years, 40 years. And I think in many ways what we did certainly inspired the California Supreme Court [to declare same-sex marriages legal]. So I would hope that Congressman Frank sees that. But he’s long expressed his condemnation of what I did and continues to do so for whatever reason.

 

Blade: On the other hand, Evan Wolfson, head of the same-sex marriage advocacy group Freedom to Marry, has said pushing for marriage equality, even if it leads to setbacks, changes the hearts and minds of the public and leads to advances in the long run.

Newsom: Yeah – and I’ve talked to – and this sounds preposterous – but I’ve had the privilege of talking to people overseas that said this had an impact on their decision-making in Europe and their leadership there when they saw the human face and they saw those images. So I’m with Evan. I’ve long admired Evan. And you’re not kidding. He was out there in the early ‘90s. So he’s one of my heroes and one of the heroes of the movement. But there are many. I just left Rob Reiner. He was a huge supporter of what we did in 2004 and, of course, sponsored so much of the good work that Ted Olsen just did and is doing and Boies and Chad Griffin. It’s just incredible. Our own city attorney, Dennis Herrera, he put together a great team — Theresa Stuart. There’s so many champions and heroes in the fight. And I respect Barney Frank, but he wasn’t in the courtroom today and a lot of folks were, and they deserved to be and I respect their advocacy.

 

Blade: Now that you’re in a statewide office as lieutenant governor, do you have a sense of what kind of repercussions there might be in California and the nation as a whole if the Supreme Court rules either for or against marriage equality?  What about the people of the eastern part of California, who seem to be so different politically than the people of San Francisco or L.A.?

Newsom: You’re not kidding. I’ll be out there tomorrow. I’ll be in the Modesto Central Valley area at 1 o’clock tomorrow. The old frame of California used to be north and south. And you just hit it on the head. It’s increasingly now coastal-inland-east-west.  The politics is radically different in the central part of the state.

I think most pundits, and they may, in hindsight, dismiss this assertion. But I’ll tell you that I can point to almost every pundit in California that said I could never get elected statewide in California because of my support of same-sex marriage. And we proved them wrong. Though candidly, I didn’t know they would be wrong. I thought it was questionable as well.

In some parts of our state they’re particularly conservative. So there will be repercussions, absolutely. But you now see – and I never read the polls in 2004 because if I did I never would have done what I did because it was partly unpopular even in San Francisco.

The polls today are two to one in favor of marriage equality in California – two to one in the recent polls. So I think the repercussions will be negligible at best.

Across the country, you know this. You write about this. You guys have been at this forever. This is not even Republican-Democrat any more. It’s generational and it’s overwhelming. You cannot deny the generational component. So these guys are holding on – the opponents – they’re just holding on. I don’t want to say this is the last gasp because I think some states will hold on for a much longer time unless the courts intervene.

But this is a tsunami, a generational tsunami that 80 percent of 30-year-olds or younger [support marriage equality]. This court – I hope they – they’re human beings. I wouldn’t want to be on the wrong side of history on this. If I’m a relatively young judge like [Chief Justice John] Roberts, why do you want to be on the wrong side of history when it comes to a civil right?

 

Blade: Will you be going to the DOMA case tomorrow?

Newsom: I wish I could. I’ve got to head back to my events in the Central Valley. But I feel confident. The good news about DOMA is it kind of hits these guys on both sides of the ideological aisle. From a federal perspective, this is federalism and states’ rights on the right. And then on the left we can make similar arguments that we made today. I feel a little more confident on DOMA, though I feel equally confident in both cases. Although, again, I think it’s going to be a narrow decision on Prop 8 and then a repeal of DOMA outright.

 

Blade: If Proposition 8 were to somehow go back to the voters are you optimistic that it wouldn’t pass and marriage equality would prevail?

Newsom: To be candid with you, the backlash would exist there. I think there would be an intense response if the [Supreme Court] overturned the Ninth Circuit [U.S. Court of Appeals in California that ruled against Prop 8]. I don’t know if I want to use the word shock because that’s a little hyperbolic. But that backlash would immediately precipitate a ballot [measure] that most likely in this case – and this is one of the interesting facts of California right now – I think the legislature would put that on the ballot. It would require two-thirds of the legislature. There is two-thirds of the legislature now that supports marriage equality. So you wouldn’t even have to get signatures. And I think that would immediately happen.

And we would put on a campaign to end all campaigns. And we would win quite handily in 2014. So eventually even in the worst case scenario we would win at the ballot box, I believe. But the impact of that, I think, would be intensely felt across the country.

And I think, frankly, if I were opposed to marriage equality I’d be more worried about that because I think the backlash would inspire, with intensity, aggressive movements to overturn not just Prop 8 in California but all across the country in those 31 constitutional restricted states, etc.

 

Blade: Marriage equality advocate Robin Tyler of L.A. told us this week that she feels Prop 8 helped the LGBT cause and marriage equality because it energized and activated the LGBT community like never before and helped bring on the recent successes in passing same-sex marriage laws in several states. Do you agree with that assessment?

Newsom: I agree with that generally. I’ll never forget. I was so intimately involved in that. My image was used against our campaign or against our efforts. And whether we like it or not, it was a painful thing. The backdrop was we were celebrating Obama’s win at the same time we were lamenting Prop 8’s victory.

And people were stunned in many ways. We saw it coming in the last two weeks of the campaign when the polls started to shift. So some of us on the inside weren’t as surprised. But I think the general consensus was one of shock. And it really did galvanize people to say, you know what? If California can legally grant same-sex marriage and in California see them take it away, my gosh, we’ve got to wake up every state and get organized with great intensity. So I think she’s right.

I think you saw a lot of great work done across the country that built up the momentum in New York and Maryland and got us where we were in Maine and Washington State and, of course, all the other legislative victories on civil unions. But you’re right, it was painful. And guys like Congressman Frank could say, ‘Look, I told you so’ after the blowback with all those state constitutional amendments. But that’s the nature of the right struggle, good days and bad days.

And now we’re leaning into history in a very positive way and I hope and like to think it’s much faster than it would have been if we just sat back passively and waited our time and got permission. Some people argue we all need permission. David Boies also needed permission to do what they did. And I’m glad they didn’t wait. I’m glad they did what they did. And I’m glad we did what we did. So good people can disagree and history will judge.

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The White House

Kristi Noem ‘devastated’ as husband’s alleged fetish spending surfaces

Former DHS head ‘blindsided’ by allegations

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Former DHS Secretary Kristi Noem (Washington Blade photo by Michael Key)

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.

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U.S. Supreme Court

Colo. activists condemn SCOTUS conversion therapy ruling

8-1 decision could have sweeping implications

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Activists protest in front of the U.S. Supreme Court on Oct. 7, 2025. The justices on that day heard oral arguments in Chiles v. Salazar. (Washington Blade photo by Michael Key)

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.”

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U.S. Supreme Court

Supreme Court rules against Colo. law banning conversion therapy for minors

8-1 decision could have sweeping impact

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U.S. Supreme Court (Washington Blade photo by Michael Key)

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.

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