The Supreme Court issued a significant ruling on Tuesday, striking down a Colorado law that prohibited the practice known as “conversion therapy” when applied to LGBTQ+ children. Colorado was one of approximately two dozen states that had enacted bans against this discredited practice.

First Amendment Concerns Drive Majority Decision

In a decisive 8-1 vote, the Court's majority determined that the Colorado law infringed upon First Amendment rights. The challenge was brought by a Christian counselor who contested the ban on talk therapy.

The justices concluded that the legislation presented legitimate free speech issues. Consequently, the case has been remanded to a lower court for further review based on a stringent legal standard that few laws manage to satisfy.

Context of Recent Supreme Court Rulings

This decision aligns with a series of recent legal actions where the Court has favored claims of religious discrimination while adopting a more skeptical stance toward LGBTQ+ rights protections.

So-called “conversion therapy” is a scientifically discredited approach intended to change an individual's sexual orientation or gender identity toward heterosexuality or traditional gender norms.

The Colorado Case: Counselor vs. State Regulation

Kaley Chiles, the counselor challenging the ban, argued that the law improperly restricted her ability to offer voluntary, faith-based “conversion” therapy for minors. Her challenge received backing from the administration of former President Donald Trump.

Colorado defended its measure, asserting that it merely regulates licensed therapists by prohibiting a practice scientifically linked to severe harm. The state emphasized that its 2019 law allows for broad faith-based discussions and exempts religious ministries.

Differing Views on Therapy Methods

During oral arguments, the Court’s conservative majority expressed doubt that states can restrict therapeutic conversations aimed at altering feelings or behavior while simultaneously permitting counseling that affirms a child's gay or transgender identity.

Justice Samuel Alito noted that the law appeared to be “blatant viewpoint discrimination.” Chiles maintains that her methods differ significantly from older, more extreme conversion practices, such as those involving shock therapy decades ago.

Chiles stated her belief that “people flourish when they live consistently with God’s design, including their biological sex.” Attorneys for the challenger also contended that these bans make it difficult for parents to find therapists unless the counseling explicitly affirms gender transition.

Impact and Previous Bans

Nationally, the practice has been banned in 20 states and over a dozen municipalities across Wisconsin. As of April 2024, Wisconsin's professional licensing board for various mental health professionals has classified “conversion therapy” as unprofessional conduct.

Advocates supporting the bans aim to prevent mental health professionals from counseling clients with the express goal of altering their sexual orientation or gender identity. It should be noted that no individual has faced sanctions under Colorado's 2019 law to date.

Families supporting restrictions shared difficult experiences, such as Linda Robertson, a Christian mother from Washington state. Her son, Ryan, underwent therapy promising to change his sexual orientation after coming out at age 12. She reported that the techniques caused him shame and depression when they failed, leading to his death in 2009 from an overdose following multiple suicide attempts.