Legislative Response to Supreme Court Ruling

Following a recent U.S. Supreme Court decision that challenged Colorado’s ban on youth conversion therapy, state lawmakers are pursuing new avenues to protect the LGBTQ+ community. House Bill 26-1322, which would allow patients to sue mental health professionals who subjected them to conversion therapy, is currently moving through the legislature.

The bill successfully passed its first vote in the House Judiciary Committee on March 25 with a 7-2 margin. This action occurred just six days before the Supreme Court issued its 8-1 ruling, which sent the state's previous ban back to a lower court to determine if it meets strict legal standards.

Legal Challenges and Free Speech

The Supreme Court case was initiated by Kaley Chiles, an Evangelical Christian therapist from Colorado Springs. Chiles argued that the state's ban infringed upon her First Amendment rights.

In the majority opinion, Justice Neil Gorsuch wrote that the Colorado law functioned as viewpoint-based censorship. Chiles expressed satisfaction with the ruling, stating that she intends to continue assisting clients who seek to align with their biological bodies, arguing that counselors should not be restricted to state-approved goals.

Provisions of HB 1322

If enacted, HB 1322 would allow individuals who suffered psychological injury or illness from efforts to change their sexual orientation or gender identity to pursue civil litigation. Victims would be permitted to seek economic, non-economic, and exemplary damages from both the licensed professional and their employer.

Key features of the proposed legislation include:

  • The bill is scheduled to take effect on July 1.
  • Civil actions would be exempt from typical statutes of limitations.
  • It establishes a clear pathway for survivors to seek legal accountability.

Support and Advocacy

The nonprofit organization One Colorado has labeled the bill as critical in the wake of the Supreme Court's decision. They argue that the legislation provides necessary state-level protections and ensures that those responsible for harmful practices are held accountable.

The bill has garnered support from over a dozen organizations, including:

  • Mental Health Colorado
  • Colorado Psychological Association
  • Colorado Center on Law and Policy
  • Colorado Consumer Health Initiative
  • Vivent Health
  • Rocky Mountain Equality

As of Tuesday, the Colorado Parent Advocacy Network remains the only organization registered in opposition to the bill. Governor Jared Polis has stated he is evaluating the Supreme Court ruling while working to ensure the protection of LGBTQ+ youth in the state.