“The fact that the State’s viewpoint regulation falls only on licensed health care professionals does not change the equation. The First Amendment protects the right of all to speak their minds,” the justices said in their near-unanimous 8-1 decision.
The U.S. Supreme Court dealt a potentially fatal blow to state-level bans on conversion therapy after it found that such laws could violate First Amendment protections to free speech and religious expression.
According to Colorado Public Radio, the case’s outcome likely means that states will have to roll back conversion therapy bans that have been in place for years.
In Colorado, the Minor Conversion Therapy Law prohibits mental health professionals practicing in the state from attempting to change a client’s sexual orientation or gender identity during counseling sessions. It also imposes penalties for violating the law, including fines of up to $5,000 and potential license cancellation.
But, in a majority ruling, the Supreme Court said that Colorado’s law against conversion therapy likely regulates speech based on viewpoint.
“The fact that the State’s viewpoint regulation falls only on licensed health care professionals does not change the equation. The First Amendment protects the right of all to speak their minds,” the justices said in their near-unanimous 8-1 decision.
The justices noted that Colorado’s Minor Conversion Therapy Law appears to permit some types of speech wile restricting others.
The lawsuit, writes CPR.org, was originally filed in 2024 by the Alliance Defending Freedom, a conservative-interest firm. Its plaintiff, Kaley Chiles, is a counselor in the Colorado Springs area. In court documents, attorneys for Chiles said that the Minor Conversion Therapy Law violated their client’s right to free speech by preventing her from counseling children who wish to affirm either their sexual orientation or their gender identity.
Chiles said in an earlier press conference that she believes the First Amendment protects her right to speak freely to clients.
“I’m facing a serious challenge,” Chiles said. “This law silences diverse perspectives and interferes with my ability to serve my clients with integrity. Children today are struggling with complex issues, and they need space to explore their feelings and concerns. Unfortunately, Colorado’s law pushes them toward harmful medical interventions like drugs and surgeries by prohibiting supportive conversations that could help them navigate their struggles in a healthier way.”
Justice Ketanji Brown Jackson wrote the court’s sole dissent, arguing that states have long had the authority to regulate medical practice, including the speech of professionals. Jackson’s opinion suggested that the justices should have applied this precedent to conversion therapy.
“In concluding otherwise, the Court’s opinion misreads our precedents, is unprincipled and unworkable, and will eventually prove untenable for those who rely upon the long-recognized responsibility of States to regulate the medical profession for the protection of public health,” Jackson wrote.
Sources
Supreme Court overturns Colorado ban on conversion therapy
Supreme Court sides with therapist challenging Colorado ban on conversion therapy
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