New Accountable.US Report Finds That Supreme Court Case to Overturn Ban on LGBTQ Conversion “Therapy” Hinges on Flimsy Facts and Junk Science

New Accountable.US research, first reported in The Guardian, reveals that Chiles v. Salazar, a challenge to a Colorado law banning so-called conversion “therapy” practices which the Supreme Court is hearing today, is based on dubious science. The petitioner is represented by Alliance Defending Freedom (ADF), the conservative legal organization that has a record of targeting LGBTQ Americans, and has “profoundly misrepresented” the psychological damage of “conversion therapy” according to experts cited by ADF in its briefs to the high court.

“Once again, the Supreme Court has agreed to hear an ideologically driven case based on dubious science and practices that have been discredited, all with the aim of targeting LGBTQ Americans,” said Accountable.US Executive Director Tony Carrk. “It tells you everything you need to know that the petitioner in the case, Alliance Defending Freedom, is basing their case on ‘profoundly misrepresented’ facts, and it is yet another example of how the conservative majority on the Supreme Court is complicit in advancing extreme ideological cases.”

Accountable.US’ research has found that in their case, Alliance Defending Freedom cites a variety of research papers, doctors, and personal anecdotes to support their claims that conversion practices for gender identity or sexual orientation are successful and beneficial. These sources include numerous examples of misleading statements and junk science:

• The petitioner’s briefs heavily cite the Cass Review, a controversial gender care report commissioned by the UK’s National Health Service. The report has faced heavy criticism for biased research, methodological flaws, “unsubstantiated claims,” and was investigated by the British Medical Association. Unlike the petitioner, the report does not recommend conversion practices, with the author calling conversion “therapy” an “unacceptable practice.”
• The petition cites research on gender fluidity from researcher Lisa Diamond, attempting to claim that human sexuality is subject to change, despite Diamond explicitly acknowledging the potential political manipulation of her research and writing that sexual orientation is not a changeable choice. As Diamond told The Guardian: “They are using our work to minimize the harm of conversion therapy. There are few practices where there is as much demonstrated evidence of harm.”
• The petition cites Dr. Riittakerttu Kaltiala, a gender dysphoria doctor in Finland, whose patients have reported concerning treatment, including being misgendered, having their transgender identities invalidated, and the clinic endorsing conversion practices. A brief cites Dr. Nicholas Cummings, a psychologist who purportedly carried out successful conversion practices, but who later clarified his views that conversion practices could not “cure homosexuality” and were a violation of human rights.

The evidence is clear that conversion practices do not work and harm LGBTQ youth, but instead of acknowledging that, ADF is relying on junk science and flimsy facts to try to advance an anti-LGBTQ crusade.

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