The US Supreme Court delivered a significant ruling on Tuesday, striking down Colorado’s existing ban on “conversion therapy” targeting minors. LGBTQ+ advocacy groups immediately voiced warnings that this decision could jeopardize similar protections across numerous states, potentially exposing more children to the controversial practice.

Understanding Colorado's Struck-Down Law

Definition and Scope of the Ban

Colorado’s legislation had prohibited licensed healthcare providers from attempting to “convert” or alter a minor’s sexual orientation or gender identity. The law specifically defined this practice as any treatment aiming to change sexual orientation or gender identity, including efforts to reduce same-sex attraction or feelings.

The American Psychological Association has long classified conversion therapy as both dangerous and ineffective, noting its correlation with increased rates of depression, anxiety, and suicide among LGBTQ+ youth. Importantly, the Colorado law included exemptions for religious organizations and pastors, and permitted general discussions about identity, provided no attempt was made to change the child's orientation.

The Supreme Court's 8-1 Decision

First Amendment Viewpoint Discrimination

The high court ruled 8-1 in favor of Kaley Chiles, a Christian counselor who challenged the ban. Chiles argued that prohibiting her from offering talk therapy to minors seeking to reduce same-sex attraction infringed upon her First Amendment rights.

The majority opinion, authored by conservative Justice Neil Gorsuch, asserted that Colorado’s law amounted to “censors speech based on viewpoint.” Consequently, the court subjected the law to strict judicial review, which it ultimately failed to pass.

Dissenting Arguments and Concurrences

Justice Ketanji Brown Jackson was the sole dissenter. She argued that Chiles’ actions were not merely speech but were conducted in her capacity as a licensed healthcare professional, which formed the basis of Colorado’s defense. Jackson warned the ruling “opens a dangerous can of worms” and threatens states’ authority to regulate medical care provision.

Justices Elena Kagan and Sonia Sotomayor joined the majority in striking down the law. However, they concurred separately, suggesting that a complete ban on therapy aimed at changing minors’ sexuality might be more constitutionally sound than Colorado’s specific, carved-out law.

Reactions from Advocacy Groups and Survivors

Concerns Over Youth Safety

LGBTQ+ rights organizations strongly condemned the ruling, anticipating that it will weaken existing conversion therapy bans in 23 states and the District of Columbia. Kelley Robinson, president of the Human Rights Campaign, stated, “Today’s reckless decision means more American kids will suffer.” She accused the Court of prioritizing “anti-LGBTQ+ bias over the safety, health, and well-being of children.”

Research supports these concerns. A 2024 Trevor Project survey found 13% of LGBTQ+ youth have faced conversion therapy threats or application. Furthermore, prior peer-reviewed research showed that youth subjected to this practice were more than twice as likely to attempt suicide.

Testimony from Survivors

Jaymes Black, CEO of the Trevor Project, emphasized that these practices cause “lasting psychological harm,” regardless of court rulings or proponents’ labels. Carl Charles, a senior attorney at Lambda Legal and a survivor of the practice, shared his personal experience.

Charles, who was subjected to the therapy at age 15, noted that it failed to change his identity but instead “destroyed important relationships and created shame and fear.” He concluded that LGBTQ+ youth require support and celebration, not attempts to change who they are.

Next Steps for State Protections

Colorado's Legislative Response

Colorado Governor Jared Polis, a Democrat, announced plans to pursue new legislation that aligns with the Supreme Court’s ruling. Polis called conversion therapy a “scam” that seriously harms youth, stating he is evaluating the decision to better protect both LGBTQ+ youth and free speech in the state.

Actions in Other States

In states with similar bans, efforts are underway to ensure accountability for providers who inflict harm. California State Senator Scott Weiner introduced a bill to extend the statute of limitations and simplify malpractice claims against professionals performing conversion therapy. Weiner noted the Supreme Court ruling explicitly distinguishes malpractice claims from outright bans, as malpractice requires demonstrating injury.