Supreme Court Strikes Down Colorado Therapy Ban

The U.S. Supreme Court ruled 8-1 on Tuesday that a Colorado law prohibiting licensed mental health counselors from providing talk therapy to minors seeking to change their sexual orientation or gender identity violates the First Amendment's free speech protections. The decision in the case of Kaley Chiles, a licensed Christian counselor, reverses a lower court's upholding of the 2019 state statute and remands the matter for further review under strict scrutiny, a high legal standard that few regulations survive.

Chiles, who practices in Colorado, challenged the law after it barred her from offering voluntary counseling to young clients who expressed a desire to reduce same-sex attractions or align their sense of identity with their biological sex. The statute, signed by Democratic Gov. Jared Polis, imposed fines of up to $5,000 per violation and risked license suspension or revocation for therapists pursuing such outcomes. It explicitly permitted counseling that supports gender transition or identity exploration, which Chiles and her legal team argued amounted to viewpoint discrimination by favoring one perspective in discussions of sexuality and gender.