News and Events => Political and Legal News => Topic started by: Jessica_Rose on October 02, 2025, 08:59:31 AM Return to Full Version

Title: The Supreme Court fight over whether gay and trans people can be “cured,”...
Post by: Jessica_Rose on October 02, 2025, 08:59:31 AM
The Supreme Court fight over whether gay and trans people can be "cured," explained

https://www.msn.com/en-us/news/us/the-supreme-court-fight-over-whether-gay-and-trans-people-can-be-cured-explained/ar-AA1NJt8m?ocid=hpmsn&cvid=f89f58935040485d93e95598a0d892fc&ei=42

Story by Ian Millhiser (2 Oct 2025)

Are therapists protected by the First Amendment during talk therapy sessions with their clients? And are these free speech protections so robust that they prevent the government from regulating talk therapy to ensure that it does not harm patients or depart from professional standards of care?

That's the central question in Chiles v. Salazar, which the Supreme Court will hear on October 7. And, while the idea that incompetent or even abusive talk therapists may be immune from regulation altogether may seem extreme, there is a very real chance that this Court will embrace that uncompromising position.

That's because the Chiles case also involves one of the bitterest cultural disputes in US politics: whether the rights of conservative Christians trump the rights and interests of LGBTQ Americans.

Chiles concerns "conversion therapy," a practice where therapists attempt to change their patient's sexual orientation or gender identity. According to a federal appeals court, "every major medical, psychiatric, psychological, and professional mental health organization opposes the use of conversion therapy."

The plaintiff in Chiles is a therapist represented by Alliance Defending Freedom (ADF), a conservative Christian law firm that frequently brings cases seeking to limit LGBTQ rights. And, for what it is worth, ADF's core argument in Chiles is fairly intuitive. The First Amendment protects free speech. Colorado's law limits what talk therapists are allowed to say to their patients. Therefore, ADF argues, the law is unconstitutional.
Title: Re: The Supreme Court fight over whether gay and trans people can be “cured,”...
Post by: Lori Dee on October 02, 2025, 10:32:47 AM
The caveat is that citizens' rights take priority over business practices. Businesses (generally speaking) do not have First Amendment rights and are subject to government regulation. However, the court has ruled in some cases that the First Amendment can apply in some cases (journalists and news outlets, for example).

It will be interesting to see how this plays out.
Title: Re: The Supreme Court fight over whether gay and trans people can be “cured,”...
Post by: KathyLauren on October 02, 2025, 04:48:41 PM
I can see the free speech angle, although free speech that causes harm (like shouting "fire" in a crowded theatre) is less defensible.  But that only applies if the patient in in therapy voluntarily.  If the patient is coerced or brought there forcibly, then all free speech rights of the therapist go out the window.
Title: Re: The Supreme Court fight over whether gay and trans people can be “cured,”...
Post by: Robbyv213 on October 02, 2025, 05:59:23 PM
Will there ever be a time that for the protection of everyone that uses this forum,


Are there any protocols in place for when the government says even posting on forums like his is illegal?

Or do we all get to sit in jail for the rest of lives?

Title: Re: The Supreme Court fight over whether gay and trans people can be “cured,”...
Post by: Allie Jayne on October 02, 2025, 06:13:56 PM
Sooo, if this "Free Speech" case is successful, does this also mean other professionals could force their opinions on others, like maybe teachers could then legally promote gay lifestyles......? If such a thing was made public, maybe they would reconsider their lawsuit..

Hugs,

Allie
Title: Re: The Supreme Court fight over whether gay and trans people can be “cured,”...
Post by: Lori Dee on October 02, 2025, 07:14:42 PM
Quote from: Robbyv213 on October 02, 2025, 05:59:23 PMWill there ever be a time that for the protection of everyone that uses this forum,


Are there any protocols in place for when the government says even posting on forums like his is illegal?

Or do we all get to sit in jail for the rest of lives?



One percent of the U.S. population is approximately 3.3 to 3.5 million people. That is not counting spouses/partners, family, friends, and other allies. They don't want to pick that fight.

The pendulum always swings both ways. The more they push to the right, the faster and stronger it will swing to the left. There will be backlash. The first wave will be the midterm elections.
Title: Re: The Supreme Court fight over whether gay and trans people can be “cured,”...
Post by: Sephirah on October 03, 2025, 05:13:59 PM
If someone tells you what they think you should think, or how you should feel, they are not a therapist. In my opinion this is all an incredibly moot point. And free speech is irrelevant. The job of someone in this area is, in my opinion, to allow you to come to your own conclusions about how you should live your life. However that is. People are not there to tell you what to think or how to feel. Simply to understand how to ask the right questions to help you figure that out for yourself.

Free speech should have nothing to do with anything. No one in this field should be influencing the people they work with to form views other than how they feel. And if they do... they should not be in that line of work because it's missing the whole point of why people do this. All anyone should be doing is facilitating the people under their care to work out their own issues. Not telling them how issues should be worked out, one way or the other. This should not be a thing. We all know why it is a thing. But it's calling into question the very idea of why anyone would seek therapy about anything.

A therapist isn't someone who can answer your questions. They are someone who can give you the right questions to answer for yourself. That's the whole point.
Title: Re: The Supreme Court fight over whether gay and trans people can be “cured,”...
Post by: Lori Dee on October 03, 2025, 05:18:04 PM
@Sephirah

I agree 100%

The first thing we were taught concerning hypnotherapy is that your primary skill as a therapist is not speaking, but listening. You have two ears and one mouth, and they should be used in those proportions.
Title: Re: The Supreme Court fight over whether gay and trans people can be “cured,”...
Post by: Sephirah on October 03, 2025, 05:20:23 PM
Quote from: Lori Dee on Yesterday at 05:18:04 PM@Sephirah

I agree 100%

The first thing we were taught concerning hypnotherapy is that your primary skill as a therapist is not speaking, but listening. You have two ears and one mouth, and they should be used in those proportions.

Yeah you get it, Lori. I have been learning about all this stuff in school lately. I mean some of it is natural but apparently it needs to be taught. You aren't there to tell people what to think, or feel, or do. You are there to help people to learn that for themselves. That's the whole point of the field. And anyone who doesn't do that, should not be working within it.