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 therapists. The decision, written by Justice Neil Gorsuch, found that the law regulates speech based on viewpoint, not conduct. Justice Ketanji Brown Jackson was the sole dissenter, warning the ruling could undermine medical regulations.
The case, Chiles v. Salazar, was brought by Kaley Chiles, a Christian counselor who argued the law prevented her from providing talk therapy to minors seeking to align their sexual orientation or gender identity with their religious beliefs. Colorado's 2019 law banned licensed therapists from attempting to change a minor's sexual orientation or gender identity.
The majority opinion emphasized that the First Amendment protects speech regardless of viewpoint, even if the government deems the speech harmful. Gorsuch wrote that Colorado's law 'censors speech based on viewpoint,' which the court found unconstitutional. The ruling sends the case back to lower courts for further review under stricter First Amendment scrutiny.
Jackson's dissent argued that medical professionals' speech should be subject to different standards, as their work involves conduct with real-world consequences. She warned the decision could jeopardize states' ability to regulate medical practices. The ruling has national implications, as more than 20 states have similar laws banning conversion therapy.
Medical organizations, including the American Medical Association and the American Psychological Association, widely discredit conversion therapy, citing its harmful effects on mental health. The practice is associated with increased risks of depression, anxiety, and suicide among LGBTQ youth.