U.S. Supreme Court’s 8‑1 Decision Undermines Colorado Ban on LGBTQ ‘Conversion Therapy’
The United States Supreme Court issued an 8‑1 decision on Tuesday that invalidated Colorado’s law prohibiting “conversion therapy” for LGBTQ minors. The majority held that the ban infringed on the First Amendment’s free‑speech guarantees, arguing that even therapeutic dialogue falls under protected expression.
Justice Elena Kagan wrote that when a state suppresses one side of a debate while supporting the other, the constitutional issue is “straightforward.” In contrast, Justice Neil Gorsuch emphasized that the First Amendment “stands as a shield against any effort to enforce orthodoxy in thought or speech.” Only Justice Ketanji Brown Jackson dissented, warning that the ruling “threatens to impair states’ ability to regulate the provision of medical care” and underscored the documented harms of conversion therapy to LGBTQ youth.
Colorado’s 2019 statute barred any “practice or treatment” aimed at changing a child’s gender identity or sexual orientation, though it allowed discussion of religion, gender, and sexuality. No individual has yet been sanctioned under the law. The case was brought by Christian counselor Kaley Chiles, who argued that the ban prevented her from offering voluntary, faith‑based talk therapy, a position backed by the administration of former President Donald Trump.
Approximately two dozen states have enacted similar bans, reflecting a growing consensus that conversion therapy is both ineffective and harmful. Scientific studies link the practice to higher rates of depression and suicidal ideation among LGBTQ individuals. Major medical associations have condemned it as a dangerous, discredited intervention.
Advocates for LGBTQ rights criticized the Court’s ruling as a setback. Polly Crozier, director of family policy at GLAD Law, said, “This is a dangerous practice that has been condemned by every major medical association in the country. Today’s decision does not change the science, and it does not change the fact that conversion therapists who harm patients will still face legal consequences.”
The decision is expected to make enforcement of existing bans more difficult, potentially prompting a wave of legal challenges in other jurisdictions that have sought to protect LGBTQ youth from conversion therapy.