The Supreme Court ruled 8-1 on Tuesday that Colorado's ban on so-called 'conversion therapy' for minors violates the First Amendment free speech rights of counselors. The decision in Chiles v. Salazar overturns a lower court ruling that upheld the 2019 state law prohibiting licensed therapists from engaging in practices aimed at changing a minor's sexual orientation or gender identity.
Core Facts:
- The court found Colorado's law regulates speech based on viewpoint, which violates the First Amendment.
- Justice Neil Gorsuch wrote the majority opinion, while Justice Ketanji Brown Jackson dissented.
Deeper Context:
The case centered on counselor Kaley Chiles, who argued the law infringed on her right to free speech in private conversations with clients. Colorado defended the law as regulating professional conduct rather than speech, but the Supreme Court disagreed, stating the law 'censors speech based on viewpoint.'
Medical and Legal Implications:
The ruling could impact similar laws in more than 20 states. Medical organizations, including the American Medical Association and the American Psychological Association, have widely discredited conversion therapy. The decision does not overturn Colorado's law outright but requires lower courts to apply stricter First Amendment scrutiny.
Dissenting View:
Justice Jackson argued in her dissent that the ruling threatens states' ability to regulate medical treatment and could lead to 'grave harm to Americans' health.' She emphasized that First Amendment protections have less salience when the speakers are medical professionals.