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Still more marriage questions for Carney

W.H. won’t say whether Obama wants marriage in Dem platform or help in state efforts

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White House Press Secretary Jay Carney (Blade file photo by Michael Key)

White House Press Secretary Jay Carney faced new questions on marriage Thursday in the first time the spokesperson publicly talked to reporters following President Obama’s announcement in support of same-sex marriage.

In a press gaggle abord Air Force One en route to Seattle, Carney declined to answer inquiries on whether Obama wants to see an inclusion of same-sex marriage in the Democratic Party platform, nor would he would say whether Obama will commit to helping with efforts to pass same-sex marriage in states.

Asked whether Obama will move toward having “pro-gay marriage language in the Democratic national platform,” Carney deferred to the Democratic National Committee.

“Well, party platform issues are for the party to decide,” Carney said. “That process is underway, and I refer you to the DNC on the question about the platform.”

Carney similarly dodged in response to a question on whether Obama will be “outspoken when these issues come up in states” deliberating same-sex marriage.

“I’m not going to speculate about what he may say or statements he might issue,” Carney said. “He has on occasion made his position known on actions by individual states, most recently in North Carolina, and I’m sure that continues to be the case. That will continue to be the case.”

Evan Wolfson, president of Freedom to Marry, said in response to Carney’s answer on the Democratic platform that those crafting the document should listen the president’s endorsement of same-sex marriage on Wednesday.

“Freedom to Marry’s call for a freedom to marry plank in the Democratic Party — a call that has won huge support from former party chairs, the convention chair, leaders in Congress, 22 senators, and over 40,000 signers on our online petition — continues full force,” Wolfson said. “The Democratic Party should do what the president did so beautifully yesterday: stand for the freedom to marry.”

Wolfson similarly said the onus is on supporters or marriage equality to advance same-sex marriage throughout the nation in the wake of Obama’s endorsement.

“We know that the president’s strong voice and clear message yesterday will have an enormous and ongoing effect in helping people wrestling with this question rise to fairness,” Wolfson said. “It’s the job of all the rest of us to go out and have the conversations that he described so well as helping change his mind.”

John Aravosis, who’s gay and editor of AMERICAblog, said he’s OK with giving Obama a short break after his endorsement of same-sex marriage, but wants to see further action from the president.

“I’m happy to give the president twenty-four hours of honeymoon before I start demanding he do more on marriage, but I do think the community will expect him, and the party, to follow through on his support of same-sex marriage,” Aravosis said. “And that would mean adding marriage equality to the party platform and speaking out more aggressively against anti-gay measures in the states, including those concerning marriage.”

Carney also took questions on the web video ad the Obama campaign on Thursday hyping Obama’s newfound support of same-sex marriage and criticizing Romney for supporting a Federal Marriage Amendment and not even supporting civil unions.

A transcript of the exchange between reporters and Carney during the gaggle follows:

Q: Jay, today the Obama campaign put out a web video that’s attacking Romney on his stance on rights for same-sex couples. Given that the President just came around on this, on the issue of gay marriage yesterday, doesn’t that seem hypocritical and politically motivated more than anything?

Carney: Well, I would refer you to the campaign to talk about ads or videos that they put out.  The president noted in his interview when it came up yesterday with Robin Roberts of ABC, that his opponent, Governor Romney, has a starkly different view of these issues, and a starkly different view of the policy issues, even prior to the president’s announcement yesterday that he had come to the conclusion that he personally supports same-sex marriage.

Gov. Romney is for an amendment to the U.S. Constitution that would enshrine discrimination into our founding legal document. The president thinks that’s wrong. So their positions were starkly different before yesterday.

Q: The campaign or the president —

Carney: If you want to ask the campaign about its tactics I think you ought to ask the campaign about its tactics. The president was very clear in his interview with Robin Roberts about what his personal beliefs are. The president’s record on these issues of supporting LGBT rights is long and impressive and clear, and he’ll continue to fight to expand and protect the rights of all American citizens.

Q: Can you tell us whom — after he gave his interview, to whom has the president spoken personally, both on the gay advocacy side, and also perhaps on the other side in terms of any religious leaders or people who might want to get an explanation from him about his stance?

Carney:  I don’t have any conversations of the president to read out to you. The president had quite a busy day yesterday, and it continued to be busy after his interview.

Q: And do you suspect that at any point he would just point that out?

Carney: I wouldn’t — I couldn’t predict on that.

Q: Is the president excited to talk about this issue tonight now that he’s going to be doing a fundraiser in California among probably a lot of people who are very supportive of gay marriage? This is sort of the first chance he’ll have to talk about it since revealing his view.

Carney: I think the President has always been clear about his support for LGBT rights and the actions that he’s taken, including repealing “don’t ask, don’t tell”; the fact that he has long opposed the Defense of Marriage Act; the fact that he and the Attorney General, and therefore the administration, have deemed Section 3 of DOMA to be unconstitutional, and therefore the decision not to continue to defend it.

But look, the President’s focus, as I think he also said yesterday in his interview, has been and will continue to be on jobs and the economy.  That’s been the — creating greater security for a middle class in this country that has been under stress for a long time, even predating the Great Recession, has been number-one priority.  It was his number-one priority when he ran for office, for this office, and it has been his priority since he took the oath of office.  And I think you will hear him focus on those issues just as he has — going forward, just as he has in the past.

Q: Will he move to repeal DOMA officially, and have pro-gay marriage language in the Democratic national platform?

Carney: Well, party platform issues are for the party to decide. That process is underway, and I refer you to the DNC on the question about the platform.

The president’s belief that DOMA ought to be repealed is well stated. I’m not aware of the status of the legislative efforts aimed at repeal, but the president certainly supports that and has for quite a long time. I would note that he opposed DOMA back in 1996 and has opposed it ever since.

Q: Why not repeal it?

Carney: He believes it should be repealed.

Q: But why doesn’t he push to repeal to it?

Carney: I said it every time I’ve been asked about the President’s record on the Defense of Marriage Act. I mean, it’s not a “why not” question, it’s a “yes, we know” answer.

Q: Jay, the President is saying that this is a — and the White House is saying this is a states’ issue now. But will the President be outspoken when these issues come up in states about whether they should pass or not?

Carney: I’m not going to speculate about what he may say or statements he might issue. He has on occasion made his position known on actions by individual states, most recently in North Carolina, and I’m sure that continues to be the case. That will continue to be the case.

But I can’t predict when that will take place or with regards to what state issue. The president believes it is a matter for the states. He personally believes that gay and lesbian Americans ought to be able to — who are in committed, loving relationships ought to be able to marry.  But he also — and I think it’s important to note — is respectful of those who disagree. He, after all, traveled some distance to reach this personal decision, and he understands that the whole country has been considering this issue and struggling with it. And we’ve seen a remarkable evolution in the broader public with regards to LGBT rights in general, and specifically with regards to same-sex marriage.

Q: So if he respects people on the other side, why go after Romney?

Carney: You can respect somebody and strongly disagree. And he absolutely disagrees with efforts to — this is the distinction, Jim: He’s respectful of those who don’t agree with him on same-sex marriage. He vehemently disagrees with those who would act to deny Americans’ rights or act to take away rights that have been established in states. And that has been his position for quite a long time.

Q: Could you tell us — did he mention anything this morning at all about how he felt about the announcement yesterday or the impact it’s having so far?

Carney: I’m not going to read out internal discussions, but I think the President was glad to have the opportunity that he had yesterday to speak to the country about his views on this matter and about the journey he’s traveled on it — about the profound importance of equality, about the underlying principle that guided him as he came to this decision.

He cited the Golden Rule and the need to treat others as you would have them treat you.  He spoke about sort of the three areas that affected him as he was dealing with this and thinking about it:  conversations with friends and family and staff members, some of whom are in committed same-sex relationships.  The effect that conversations he had with members of our armed services during the fight to repeal “don’t ask, don’t tell.”  And certainly his observation of and consideration of the various ways that states have been grappling with this issue, which he spoke about during his interview.

And I think those — all of those went into the process for him — a process that was a very personal one, as he discussed yesterday in his interview.

Q: When did the president came to that conclusion? I mean, we know he said to Robin Roberts in their interview that he had already decided to publicly take this position. So did he come to the conclusion weeks ago, months ago? When was that evolution complete?

Carney: I don’t have a specific date for you. Like I said, this was a very — this was not a policy debate within the White House or the administration. This was a personal decision about his personal views. I think it’s fair to say that within the last several months he had come to the decision that he talked about yesterday and had concluded that he wanted to convey his views on this to the American people sometime in the next several weeks or months. It wasn’t going to be this week, but because of the considerable focus on the issue this week, the President decided it might as well be this week.

Q: What effect did your — the grilling you got Monday at the briefing have on his sense of expediting this? Did he say anything to you about it?

Carney: I think — part of my job, and I think it reinforced the fact that this had become an issue that was getting a great deal of attention and focus, but certainly not about me.

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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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