Supreme Court Strikes Down Colorado Conversion Therapy Ban

The U.S. Supreme Court ruled 8-1 on Thursday that Colorado's 2019 law banning licensed mental health counselors from providing conversion therapy to minors violates the First Amendment's free speech protections. The decision in Chiles v. Salazar centered on a challenge by Kaley Chiles, a licensed counselor in Colorado who uses talk therapy to help clients explore issues of sexual orientation and gender identity without affirming transitions.

Justice Neil Gorsuch wrote the majority opinion, arguing that the law constituted viewpoint discrimination by permitting counselors to offer support for gender identity exploration or transitions while prohibiting efforts to change behaviors or attractions related to sexual orientation or gender. "The spoken word is perhaps the quintessential form of protected speech," Gorsuch wrote, emphasizing that Chiles's practice involves no medication, devices, or physical interventions, only conversations with clients and their parents. The court reversed a lower court ruling that had upheld the law as a regulation of professional conduct and remanded the case for further review under strict First Amendment scrutiny.