Ketanji Brown Jackson Lone Supreme Court Justice To Vote Against Conversion Therapy

The Honorable Ketanji Brown Jackson was the only Supreme Court Justice to vote against a ruling regarding conversion therapy.

Her fellow liberal justices on the Supreme Court, Sonia Sotomayor and Elena Kagan, sided with the bench for the conservative decision, considered a major blow to the LGBTQ+ community.

The ruling sided with plaintiff Kaley Chiles, a Christian counselor, who argued that Colorado’s ban on conversion therapy violated her First Amendment right to free speech.

The court upheld her claims, noting Chiles’ counselorship was talk-based and not physical, and, thus, state law should not infringe on the content of her words. Conversion therapy, according to WebMD, is an emotional and/or physical therapy to try to change a person’s homosexual orientation to heterosexual. It is often used under Christian-based practices as an attempt to “cure” gay-identifying individuals of their same-sex attraction.

In her 34-page dissent, Jackson, the first and only Black woman Justice mentioned how Chiles imposes her views on minors, and not just shares her thoughts as a matter of free will.

“I respectfully dissent,” wrote Jackson. “Stated simply, the majority has failed to appreciate the crucial context in which Chiles’s constitutional claims have arisen. Chiles is not speaking in the ether; she is providing therapy to minors as a licensed healthcare professional.”

She stood firm on her stance, even delivering her dissent from the bench, emphasizing how this decision sets a new precedent in states’ rights. Jackson believes the ruling could undermine states’ authority to regulate medical care standards for the safety of patients.

Also, “it extends the Constitution into uncharted territory in an utterly irrational fashion. And it ultimately risks grave harm to Americans’ health and well-being,” she said.

Beyond the decision’s political implications, Jackson also noted the ruling’s potential impact on children subjected to conversion therapy.

She wrote, “Studies show that children often feel the effects of the shame and stigma from conversion therapy even more vividly than adults due to their ‘increased emotional vulnerability and less developed capacity to cope effectively with the harm of discrimination.’”

Her bold dissent speaks to the overarching activism historically displayed by Black women. Although not part of the LGBTQ+ community, Jackson’s values of equality and justice prompted her to vote against the conversion therapy case. Supporters of Jackson’s actions also noted how Black women have traditionally stood up for other marginalized groups, often due to foresight of how harmful policy could eventually impact others.

“This is the Black woman who’s making this argument for a group of people she is not even a part of, but understands the danger that this rule could present, not just to this group of people, but how it will be weaponized and expanded for other groups of people,”  explained Dr. Christina M. Greer, political science professor at Fordham University, to theGrio in reference to the ruling.

Although conversion therapy does not directly affect Jackson, her words warn that validating the controversial practice may only cause more harm in the long run.

“Today, the Court turns its back on that tradition,” added Jackson. “And, to be completely frank, no one knows what will happen now.”

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