The Supreme Court on Tuesday ruled 8-1 that Colorado's ban on conversion therapy for LGBTQ youth violates the First Amendment rights of a Christian therapist, a decision likely to affect similar laws in more than 20 states.
The case, decided on the global Transgender Day of Visibility, centered on therapist Kaley Chiles who challenged Colorado's law prohibiting licensed mental health professionals from providing conversion therapy to minors. Writing for the majority, Justice Neil Gorsuch said the law 'does not just ban physical interventions' but also 'censors speech based on viewpoint.'
What the Right Is Saying
Therapist Kaley Chiles celebrated the decision, telling reporters: 'I hope this win for free speech will fuel a greater pursuit of truth. Because of today's ruling, families will have more options and states won't be able to shut those options down.'
The majority opinion emphasized the First Amendment's role in protecting against orthodoxy in thought or speech. Gorsuch wrote that 'the First Amendment stands as a shield against any effort to enforce orthodoxy in thought or speech in this country.'
Justice Elena Kagan wrote a concurring opinion making clear the Colorado law did implicate free speech rights, but she noted that 'mirror image' laws banning therapy aimed at affirming a teen's gender identity would raise the same constitutional issues. 'Once again, because the state has suppressed one side of a debate, while aiding the other, the constitutional issue is straightforward,' she said.
The Supreme Court's 6-3 conservative majority has frequently ruled in favor of Christian conservatives bringing free speech cases touching on religious beliefs, including a 2018 decision backing a free speech challenge to a California law requiring anti-abortion pregnancy centers to notify clients about abortion services.
What the Left Is Saying
Colorado Attorney General Phil Weiser, a Democrat who defended the law, called the ruling a 'setback for Colorado's efforts to protect children and families from harmful and discredited mental health practices.' Weiser said the state would continue exploring options to protect youth despite the decision.
Liberal Justice Ketanji Brown Jackson dissented, focusing on the distinction between speech and conduct. 'Under our precedents, bedrock First Amendment principles have far less salience when the speakers are medical professionals,' Jackson wrote. She warned the court could be 'ushering in an era of unprofessional and unsafe medical care' where some treatments are effectively free from regulation.
Polly Crozier, director of family advocacy at GLAD Law, a group representing LGBTQ people, noted that the ruling 'does not change the fact that conversion therapists who harm patients will still face legal consequences' through potential medical malpractice lawsuits. She added that 'the stories of conversion therapy survivors are filled with heartbreaking examples of shattered family connections and separation from faith communities that once sustained them.'
What the Numbers Show
The ruling affects more than 20 states with similar laws banning conversion therapy for LGBTQ youth. Colorado's law specifically banned the practice for licensed therapists but not for religious entities or family members.
The practice is widely discredited by major medical organizations including the American Medical Association, the American Psychological Association, and the American Academy of Pediatrics. Research has found conversion therapy ineffective and potentially harmful, increasing suicide risk among those subjected to it.
The vote was 8-1, with only Justice Ketanji Brown Jackson dissenting. The case will now return to lower courts for further proceedings.
The Bottom Line
This ruling represents a significant victory for religious freedom advocates and could invalidate conversion therapy bans across the country. The decision establishes that state laws regulating licensed medical professionals can be challenged as free speech violations when they restrict what therapists can say to patients.
Medical organizations continue to oppose conversion therapy as harmful and ineffective, and advocates note malpractice lawsuits remain an avenue for holding therapists accountable. The ruling's broader implications for medical regulation could affect other treatments involving speech, with Justice Jackson warning of potential 'catastrophic' fallout for patient safety.
What to watch: How lower courts apply this ruling, whether states amend their laws to withstand constitutional scrutiny, and if Congress takes up federal legislation on the issue.