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2011 to bring new marriage fights across U.S.

R.I., Md. best bets for progress, while N.C., Ind. face bans

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Rhode Island Gov. Lincoln Chafee, shown here at a meeting with LGBT supporters, backs same-sex marriage rights. (Photo courtesy of Chafee’s office)

With “Don’t Ask, Don’t Tell” repealed, the issue of marriage returns to center stage in 2011 as many states are poised to enact same-sex marriage or civil unions legislation — or pursue measures that would repeal or block such rights for gay couples.

With new governors or changes to their state legislatures, Rhode Island, Maryland and New York could advance same-sex marriage legislation as soon as this year.

But changes in the political dynamic after the 2010 elections also mean that marriage rights could be repealed in New Hampshire and amendments banning same-sex marriage could go forward in North Carolina, Indiana and Pennsylvania.

Meanwhile, legislation to enact civil unions could advance in Hawaii and Delaware.

Rhode Island is among the states that could see early action in passing a same-sex marriage bill.

Newly seated Gov. Lincoln Chafee (I), who supports same-sex marriage, has replaced Gov. Donald Carcieri (R), who opposed gay nuptials.

In his inauguration address, Chafee encouraged the Rhode Island General Assembly “quickly consider and adopt” a same-sex marriage bill to send to his desk.

“When marriage equality is the law in Rhode Island, we honor our forefathers who risked their lives and fortune in the pursuit of human equality,” he said.

Same-sex marriage bills were introduced in both chambers of the Rhode Island General Assembly last week. House Speaker Gordon Fox, who’s gay, supports the passage of a marriage bill through his chamber.

Kathy Kushnir, executive director of Marriage Equality Rhode Island, said she thinks the marriage bill will come before the House Judiciary Committee before the end of January.

“So we’ll be holding hearings, and then, we’ll be looking at, of course, the committee vote and the floor vote as soon as possible,” she said.

Karen Loewy, senior staff attorney for Gay & Lesbian Advocates & Defenders, said the prospects for passing a marriage bill in Rhode Island are “really fantastic” and called Chafee an “active supporter” of the legislation.

“It was part of his inaugural address,” she said. “He’s really committed to getting a marriage bill passed.”

The Senate isn’t expected to take action on the marriage bill until the House finishes action on the measure. The legislative session ends in June, so the marriage bill would have to reach the governor’s desk by that time.

Kushnir said the biggest challenge in passing a marriage bill in Rhode Island is ensuring that lawmakers address the legislation as they take on other issues facing the state.

“There are really important issues also — the economy, jobs and the budget — that are before the legislature,” Kushnir said. “But you know what? Everyone knows that passing marriage equality and treating everybody equal here in Rhode Island does very well for all of those issues.”

Loewy said passage in the Senate remains “a stronger challenge,” but support should exist in the chamber to pass a marriage bill.

“Even there, I think, you’ve got folks who are ready to understand how important this is for same-sex couples in Rhode Island,” she said.

LGBT rights supporters are also optimistic about the chances of a same-sex marriage bill passing in Maryland, where the configuration of the Senate for the first time provides a path for passage.

Last month, a majority of members who support same-sex marriage were named to Senate Judicial Proceedings Committee, ensuring for the first time that a same-sex marriage measure would clear the panel and reach the Senate floor for a vote. Up until now, the committee has blocked the marriage bill, even though the chamber was in Democratic control.

Sen. Richard Madaleno of Montgomery Country, who’s gay, last week expressed confidence about passage of the marriage bill.

“I have never been so optimistic about getting this done,” he said. “Today at lunch I sat quietly by myself with a list of the members of the new Senate going over again and again in my head where the votes are, and I’m feeling really good right now both for the floor vote and the cloture vote.”

The bill is being introduced by Majority Leader Kumar Barve (D-Dist. 17) and Del. Keiffer Mitchell (D-Dist. 44). The Senate version will be advanced by Majority Leader Rob Garagiola (D-Dist. 15) and Madaleno.

Supporters in the Senate believe they have the 24 votes needed to pass the marriage bill on an up or down vote but are less certain about whether they have the 29 votes needed to invoke cloture and stop an expected filibuster by same-sex marriage opponents.

Another obstacle could be a referendum on the marriage law. Nearly all observers of the General Assembly expect opponents to initiate petitions to call for a referendum, which would stop the bills from taking effect until after voters decide on the issue.

In New York, supporters of same-sex marriage are looking to the state legislature to approve a bill extending marriage rights to gay couples that would be sent to newly seated Gov. Andrew Cuomo’s (D) desk for his signature.

As in previous years, a marriage bill is expected to be able pass again in the State Assembly, where Democrats have retained control of the chamber, but the situation is different in the Senate, where Republicans have regained control after the election.

Still, Republican Leader Dean Skelos suggested prior to the election that if Republicans regain power in the Senate, he would allow a vote on same-sex marriage to come, even though — like all GOP senators — he previously voted against the marriage bill.

“Let me just say, when we win back the majority, there is legislation that I believe all of you interested in, that I believe should be voted on again,” Skelos said in October. “We’re not going to stifle discussion. We are not going to stifle votes. And it is truly my belief that people should be allowed to vote their consciences.”

Even if the legislation comes up for a vote in the Senate, the prospects for passage are uncertain. When the bill previously came up for a vote late in 2009, the measure failed 24-38.

Two lawmakers who support same-sex marriage were elected to the Senate since the last vote on the legislation, but that change is far from the 32 votes needed to pass a bill in the Senate.

Ross Levi, executive director of the Empire State Pride Agenda, said the “political dynamic remains very promising” for passing a same-sex marriage bill as well as a transgender civil rights bill in New York.

“The phrase that I’ve been using is that there’s a clear and credible path to victory in the not distant future,” Levi said.

Asked whether passage would be likely in the next two years given the makeup of the legislature, Levi replied, “For me, it’s not talking about timeline, it’s about the work we have to do to make sure that we can have a successful vote as soon as we can.”

Dan Pinello, a gay government professor at the City University of New York, said he’s not optimistic about passage of a marriage bill in the legislature over the course of the next two years.

“[Skelos] has said a few things suggesting that [he would bring the bill to a vote], but that’s not a guarantee,” Pinello said. “So, yeah, he could bring it up for a vote, but that’s no guarantee it’s going to pass. I just don’t see it happening, sadly.”

Pinello said the next opportunity to advance same-sex marriage could be in 2013 as a result of the redistricting this year. He said political power should shift from upstate to downstate, which would give Democrats a majority in the Senate.

“Upstate tends to be Republican and downstate tends to be Democratic, so it’s likely even though Republicans will be redrawing the Senate district lines, there’s no way they can still maintain a majority, given the demographic shifts the Census will reveal,” Pinello said.

Repealing marriage in N.H.?

While several states are poised to advance marriage rights, other places could see a rollback of relationship recognition for same-sex couples.

The most prominent of those states is New Hampshire, where opponents of same-sex marriage may have the political power to repeal the marriage law enacted in 2009.

Gov. John Lynch (D), who signed the marriage bill into law, is expected to veto the bill should it come to his desk. But after the election, Republicans now have a super majority in both chambers of the legislature and could override his veto.

Four bills have already been introduced in the legislature to repeal the marriage law.

State Rep. Leo Pepino (R), who introduced one of the bills, said he thinks there is support to repeal the marriage law, according to the Nashau Telegraph.

“I think we have the votes [to repeal],” Pepino said. “We have a lot of really good conservatives and a good conservative doesn’t believe in gay marriage. … It’s a matter of ethics.”

GLAD’s Loewy said the chances of repealing the marriage law in New Hampshire are “hard to quantify,” adding she doesn’t know whether the votes are present to take such action.

“The LGBT community in New Hampshire is very much gearing up for a fight to protect marriage the best way we know how: by talking to legislators about how taking away marriage is going to hurt their families and their kids,” Loewy said.

Loewy added she’s hoping that New Hampshire won’t go down the path of repealing the law and would instead pursue “issues like jobs and the economy that everybody knows is the priority.”

“I think, like I said, the community has a lot of work to do, but, I think, it’s absolutely fair to expect and hope that that’s not the path that New Hampshire’s going to go down,” she said.

Mo Baxley, executive director of the New Hampshire Freedom to Marry Coalition, said the Granite State has never taken away the rights of its citizen, but that is what some anti-gay lawmakers are proposing to do.

“The married gay and lesbian couples here have in no way impacted anybody else’s marriage,” she said. “Let’s move on. Marriage has been debated to death here and the priority right now is the economy and the budget.”

Other states are prepared to advance constitutional amendments that would ban same-sex marriage.

One such state is North Carolina, where Republicans swept into power in both the House and Senate following the November elections.

Ian Palmquist, executive director of Equality North Carolina, said his organization is “fully expecting” that a constitutional amendment banning both same-sex marriage and marriage-like unions will advance this year.

“I think there’s a chance of blocking it, but it’s a very tight vote at the moment,” he said.

Palmquist said he’s getting mixed signals on when the vote would come up and said it could be anytime between February and July.

In North Carolina, passing a constitutional amendment requires a third-fifths vote of approval from both chambers of the state legislature followed by a majority of voters at the ballot box.

Palmquist said the measure could be on the ballot in 2011, but he expects it would come to voters in 2012. Such a move would enable conservatives to turn out their base during a presidential election year.

“It would definitely be a challenge to defeat it at the ballot,” Palmquist said. “There is majority support in North Carolina for some form of relationship recognition. We certainly would use that to try to stop this kind of amendment from moving forward.”

Another state where LGBT rights supporters are anticipating a constitutional ban on same-sex marriage and marriage-like unions is Indiana.

In previous years, advocates had been able to block the amendment in the House because Democrats held a narrow majority in the chamber, but the situation has changed now that Republicans took control of the House and expanded their control of the Senate following the November elections.

Don Sherfick, legislative chair for Indiana Equality, said the prospects for a constitutional ban on same-sex marriage passing this year are good in Indiana.

“I guess I would be less than honest if I were to say that things were looking rosy for continuing to unequivocally being able to fight such a thing coming through,” he said.

Anticipating hearings in either the House or Senate or both chambers within six weeks, Sherfick said Indiana Equality is mounting a public relations and lobbying campaign to try to block the amendment.

“People will at least know what they’re doing and we’ll set our sights on fighting it in the next legislature,” he said.

Bil Browning, an Indiana native and editor of the Bilerico Project, said he’s 99.9 percent certain that the Indiana Legislature would pass a constitutional amendment to ban same-sex marriage.

“The two things they wanted to do most and first and foremost was a bill that would require a woman to have a sonogram three days before any planned abortion — in the hopes that she’ll see it and not want to have the abortion — and a constitutional amendment prohibiting same-sex marriage,” Browning said.

For a constitutional amendment to pass in Indiana, it must pass the state legislature twice — a first time and then again after an election — before the measure comes before voters. If the legislature passed an amendment this year, the soonest it could get to voters is 2014.

Browning said gay rights supporters can hope for a change in the makeup of the legislature after the next election as a way to block the amendment from final passage.

“Two years from now, if we can retake the Indiana House it’s probably dead, but for at least passing this session, I’d say [the chances] are 99.9 percent,” he said.

Browning said one factor working in advocates’ favor in Indiana is that all the Fortune 500 companies headquartered in the state previously testified before the legislature against the amendment.

Additionally, Gov. Mitch Daniels (R), who has called for a “truce” on social issues, is widely considered to be thinking about a run for president and may want to steer clear of marriage prior to 2012. Still, the amendment wouldn’t require his signature for passage.

A similar situation can be found in Pennsylvania, where Republicans took control of the House and retained control of the Senate.

Malcolm Lazin, executive director of the Philadelphia-based Equality Forum, said passage of a constitutional ban on same-sex marriage is “of concern” because of new Republican control of the House.

“We were able to successfully block it in the past because the House was controlled by the Democrats,” Lazin said. “That dynamic has now changed. In addition, there is now a Republican governor of Pennsylvania.”

As in Indiana, for a constitutional amendment to pass in Pennsylvania, the measure has to be approved by a majority vote in both chambers of the legislature — once and then again after an election — before going to voters as a ballot measure.

Ted Martin, executive director of Equality Pennsylvania, predicted that the amendment would be introduced in both the House and Senate, but was skeptical of lawmakers’ ability to push it through the legislature.

Martin said the likelihood of the measure passing in the House committee is high, but its passage on the House floor is less certain. For the Senate, which has been controlled by Republicans for more than two decades, Martin said he doubts the measure would make it through committee.

“The Senate, in the past, has always taken a less active tone about it,” Martin said. “They’ve become much more libertarian in their view. Just to remember, we were able to block this in committee three times before.”

Hawaii, Del. to take up civil unions

As many states take on the marriage issue — either to advance gay nuptials or ban them — two other states are prepared to enact civil unions early in 2011.

In Hawaii, LGBT advocates are ready to advance a civil unions bill that newly seated Gov. Neil Abercrombie (D) has pledged to sign.

Last summer, a civil unions bill in the Aloha State was vetoed by former Republican Gov. Linda Lingle, but with her gone, gay rights supporters see a clear path toward passing the legislation.

Alan Spector, co-chair of Equality Hawaii, said he expects that the civil unions bill will easily pass the legislature to reach Abercrombie’s desk soon after the session starts on Jan. 19.

“With the November 2010 election behind us, and a new governor and new leadership, we’re pretty confident that we will pass the bill early in 2011,” Spector said.

Spector estimated that the legislation would be introduced in the third week of January and ideally would make it to the governor’s desk by March.

“The process can go as quickly as a month or it can take the whole session — or it can on into 2012,” Spector said. “It all depends on what happens, but we’re pretty optimistic that it’s going to go quickly this year.”

Advocates are pursuing civil unions in Hawaii instead of marriage because in 1998, voters approved a constitutional amendment granting the legislature the power to ban same-sex marriage, which lawmakers then pursued.

Similarly, LGBT advocates in Delaware are ready to advance legislation this year that would enact civil unions in the First State.

Peter Schott, political vice president of Delaware Stonewall Democrats, said the “atmosphere is probably better than it’s been in a few years” for passing civil unions in the state.

“We have formed a coalition, which a number of elected officials are on — civic leaders,” Schott said.

LGBT rights supporters know they have the votes in the House, Schott said, but questions about passage in the Senate remain because leadership could refer the legislation to an unfavorable committee.

Schott said supporters of civil unions in Delaware want to pass the legislation this year so it doesn’t come up during the 2012 election season.

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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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