First Amendment Concerns
The Supreme Court sided with a Christian counselor, Kaley Chiles, in an 8-1 decision, ruling that Colorado's ban on conversion therapy for minors violates free speech rights under the First Amendment. Justice Neil Gorsuch wrote that Colorado's law "censors speech based on viewpoint." The Supreme Court found that lower courts failed to apply "sufficiently rigorous First Amendment scrutiny" when considering Colorado's ban.
Dissenting Opinion
Justice Ketanji Brown Jackson was the lone dissenter, arguing that medical speech is different from generic free speech because patients need to rely on sound, industry-aligned advice. She wrote that the ruling "threatens to impair States' ability to regulate the provision of medical care in any respect." Jackson also stated that the majority opinion risks grave harm to Americans' health and wellbeing.
The Challenged Law
Colorado's Minor Conversion Therapy Law prohibits mental health professionals from engaging in practices, including talk therapy, that attempt to change an individual's sexual orientation or gender identity. Violators of the law could face fines up to $5,000 and suspension or loss of their professional license. Chiles argued the law infringes on her free speech by censoring conversations with patients based on viewpoint.
Counselor's Perspective
Chiles, a licensed counselor from Colorado Springs, aims to engage in talk therapy with minors who want to "reduce or eliminate unwanted sexual attractions, change sexual behaviors or grow in the experience of harmony with [their] physical bodies." Her lawyers stated that under Colorado's ban, families and teens who want to address gender dysphoria by aligning identity and biological sex at birth cannot work with a licensed counselor to help reach that goal.
State's Defense
The Colorado Attorney General's Office defended the law as a necessary regulation on professional conduct to protect patients from harmful treatment. Colorado Attorney General Phil Weiser called Tuesday's ruling a "setback for Colorado's efforts to protect children and families from harmful and discredited mental health practices." Weiser added that the ruling limits the authority states have long exercised to safeguard patients from substandard care.
Broader Implications
More than 20 states have banned conversion therapy for minors, and this decision may render most unenforceable. Human Rights Campaign President Kelley Robinson said that more kids will "suffer" as a result of this decision. The court sent the case back to the 10th Circuit, where it must now be reconsidered under higher scrutiny.
