The Supreme Court struck down Colorado’s ban on conversion therapy for minors in an 8-1 ruling, prioritizing First Amendment free speech over state regulation of licensed counselors’ professional talk.
Story Highlights
- Supreme Court invalidated Colorado’s 2019 law banning licensed providers from offering conversion therapy to those under 18, citing viewpoint discrimination in counseling speech.
- Justice Neil Gorsuch wrote the majority opinion, arguing the law prescribes what counselors may express to patients.
- Ruling sends case back to lower court for strict scrutiny review, potentially impacting bans in over 20 states like Utah.
- Christian counselor Kaley Chiles prevailed, protecting her ability to address clients’ unwanted attractions without government censorship.
- Decision fuels debates on balancing youth protection claims against free speech in mental health practices.
Colorado Enacts Controversial Ban in 2019
Colorado passed its Minor Conversion Therapy Law in 2019, prohibiting licensed mental health professionals from providing conversion therapy to minors under 18. The law targets practices purporting to change sexual orientation or gender identity, with exceptions for religious ministry. State officials enacted it amid concerns over youth mental health crises and evidence linking the therapy to harms like depression and doubled suicide attempts. Licensed counselor Kaley Chiles challenged the law pre-enforcement.
Kaley Chiles Challenges the Law
Kaley Chiles, a Colorado Springs-based licensed professional counselor and practicing Christian, sued Colorado officials including Monica Salazar. Chiles treats minors seeking help with same-sex attraction or gender identity issues she views as unwanted. She argued the ban violates her First Amendment free speech and free exercise rights by imposing a gag order on her therapeutic speech. Lower courts denied her injunction, classifying the ban as conduct regulation with incidental speech burdens.
Supreme Court Oral Arguments Signal Skepticism
On October 7, 2025, the Supreme Court heard arguments in Chiles v. Salazar. Chiles’ lawyer James Campbell warned bans turn counselors into government mouthpieces. Justices, especially conservative ones, appeared sympathetic, questioning if the law discriminates based on viewpoint rather than mere conduct. Colorado defended it as protecting minors from ineffective, harmful practices, akin to barring doctors from promoting smoking. The 10th Circuit had upheld it under rational basis review.
8-1 Ruling Strikes Down the Ban
The Supreme Court ruled 8-1 against Colorado’s ban, with Justice Neil Gorsuch authoring the majority opinion. Gorsuch wrote that the law regulates speech content and prescribes allowable views in counseling sessions. Justices found it triggers strict scrutiny as viewpoint discrimination. Justice Ketanji Brown Jackson dissented. The decision remands for lower court review under the heightened standard few laws survive. Medical groups still deem conversion therapy malpractice.
Implications for Nation’s Therapy Bans
The ruling threatens similar bans in over 20 states, including Utah, Washington, and others. Utah supporters claim their law survives by distinguishing harmful practices from neutral speech. Short-term, expect injunction challenges; long-term, it limits state power over professional speech. LGBTQ+ advocates fear increased harms to minors, citing Trevor Project data on suicide risks. Providers gain leeway, but ethical standards persist. Culture wars intensify over youth protections versus free expression.
Sources:
Protecting LGBTQ+ Youth from Conversion Therapy: The Supreme Court and the Fight Ahead
Majority of court appears skeptical of Colorado’s conversion therapy ban
The Supreme Court could “legalize” conversion therapy soon. The stakes could not be higher
