The Supreme Court has ruled against Colorado's prohibition on so-called “conversion therapy” targeting LGBTQ+ minors. The high court sided with a Christian counselor who challenged the state law, arguing it infringed upon her First Amendment rights.

Supreme Court Majority Cites Viewpoint Discrimination

In an 8-1 decision authored by Justice Neil Gorsuch, the majority determined that Colorado's legislation regulates speech based on viewpoint. The case has now been sent back to a lower court to assess if the law meets a stringent legal standard rarely satisfied by government measures.

Justice Ketanji Brown Jackson stood as the sole dissenter in the ruling. The counselor, represented by Alliance Defending Freedom, argued the law improperly barred her from offering voluntary, faith-based counseling to children.

Colorado's Defense and the Nature of the Practice

Colorado contends that its 2019 law merely regulates licensed therapists by prohibiting a practice deemed scientifically discredited and associated with severe negative outcomes. State attorneys emphasized that the law only bans treatment seeking the predetermined outcome of changing a minor’s sexual orientation or gender identity because it is considered unsafe and ineffective.

Conversely, Colorado officials noted that the law exempts religious ministries and still permits therapists to engage in broad, faith-based discussions about sexuality and gender with young patients. They argued that therapy constitutes healthcare subject to government regulation, not solely speech.

Oral Arguments and Judicial Skepticism

During oral arguments last October, the Court's conservative majority appeared unconvinced that states could restrict talk therapy aimed at changing identity while permitting affirming counseling. Justice Samuel Alito remarked that the law appeared to be “blatant viewpoint discrimination.”

The Republican administration supporting the counselor argued that the First Amendment requires Colorado's law to be subjected to a higher level of legal scrutiny.

The Counselor's Stance and Personal Testimony

The counselor, Chiles, maintains that her therapeutic approach differs significantly from historical practices sometimes associated with shock therapy. She believes individuals thrive when adhering to what she describes as “God’s design, including their biological sex,” and asserts a lack of evidence showing harm from her specific methods.

Chiles contends discrimination exists because the law permits counselors to affirm minors coming out as gay or transgender but forbids counseling for young patients who desire to change their feelings or behavior. Her attorney, Jonathan Scruggs, stated, “We're not saying this counseling should be mandatory, but if someone wants the counseling they should be able to get it.”

Consequences and Broader Context

Violating the Colorado statute can result in fines up to $5,000, along with potential license suspension or revocation. Alliance Defending Freedom, the conservative legal group representing Chiles, also successfully challenged a Colorado anti-discrimination law in 2023 on behalf of a Christian website designer.

The article includes the tragic account of Linda Robertson, a Washington state mother whose son, Ryan, underwent similar therapy after coming out at age 12. Ryan died in 2009 following multiple suicide attempts and a drug overdose, leaving his mother to state the therapy “devastated Ryan’s bond with me and my husband” and “absolutely destroyed his confidence he could ever be loved or accepted by God.”