The Supreme Court on Tuesday issued an 8-1 ruling determining that a Colorado ban on conversion therapy for youth infringes upon the free speech rights of a Christian counselor. This decision potentially opens the door for the continuation of a practice widely condemned by major medical associations.

Ruling Details and Free Speech Concerns

Justice Neil Gorsuch, writing for the majority, argued that Colorado’s law extends beyond restrictions on “physical interventions” and unduly limits free speech. He stated, “Colorado may regard its policy as essential to public health and safety…But the First Amendment stands as a shield against any effort to enforce orthodoxy in thought or speech.”

Advocate Reactions and Remaining Regulations

The ruling has drawn criticism from LGBTQ+ advocates. “Today’s reckless decision means more American kids will suffer,” one advocate stated. However, some emphasize that the decision is limited in scope. Shannon Minter, legal director of the National Center for LGBTQ Rights, explained, “The most important thing to understand about the decision today is that it only takes one way of regulating conversion therapy off the table.”

Case Background: Kaley Chiles

The case was brought by Christian counselor Kaley Chiles, who contended that the Colorado ban violated her First Amendment rights. Chiles maintains that she provides only talk therapy and does not employ physical interventions or prescribe medication.

What the Ruling Does Not Do

The Supreme Court’s decision does not endorse the safety or effectiveness of conversion therapy. It also leaves unaffected the authority of medical licensing boards to investigate and potentially discipline providers for fraudulent practices. Minter clarified, “This decision is narrowly about how conversion therapy can be regulated. It does not mean that conversion therapy is safe or legal.”

Dissenting Opinion

Justice Ketanji Brown Jackson dissented, arguing that the majority “failed to appreciate the crucial context” of the case. She pointed out that Chiles is a licensed healthcare professional providing therapy to minors and that states have the authority to regulate medical treatments.

Continued Legal Avenues

Jackson stated that the ruling is “unprincipled and unworkable” and will ultimately prove unsustainable for states seeking to protect public health through regulation of the medical profession. Survivors of conversion therapy can still pursue malpractice and consumer fraud claims, even in states where the practice isn't explicitly banned.