The U.S. Supreme Court issued an 8-1 decision on Tuesday, striking down a Colorado law that prohibited so-called "conversion therapy" for minors. The ruling suggests the state law likely infringes upon the free speech rights guaranteed by the First Amendment for counselors.

The Court's Majority Opinion on Free Speech

Viewpoint Discrimination and Legal Scrutiny

Justice Neil Gorsuch authored the court's opinion, stating that the Colorado law, enacted in 2019, effectively "censors speech based on viewpoint." This type of restriction requires the highest level of legal scrutiny, which a lower court had failed to apply.

The law aimed to shield minors from mental health providers attempting to alter their sexual orientation or gender identity. Justice Gorsuch emphasized the foundational importance of free expression in the United States.

Gorsuch wrote, "However well-intentioned, any law that suppresses speech based on viewpoint represents an 'egregious' assault on both of those commitments." He asserted that the First Amendment protects the inalienable right to think and speak freely, trusting the marketplace of ideas to discover truth.

The Case of Kaley Chiles

The legal challenge originated from Kaley Chiles, a licensed Christian therapist based in Colorado Springs. Chiles argued the ban violated her free speech rights by preventing her from discussing options with clients seeking to align with their biological sex or reduce same-sex attractions.

According to Gorsuch, the Colorado statute did more than regulate speech content; it dictated "what views she may and may not express." Jim Campell, Chiles' attorney, celebrated the ruling as a major victory for free speech and families seeking help for their children.

Campell stated, "States cannot silence voluntary conversations that help young people seeking to grow comfortable with their bodies." The ruling implies Colorado can no longer prohibit licensed providers from using talk therapy to attempt to change a patient's orientation.

Dissent and Broader Implications

Justice Jackson's Dissent

Justice Jackson provided the lone dissenting voice. She argued that precedents allow for restrictions on speech incidentally when the state is reasonably regulating the provision of medical treatments by a speaker.

Jackson noted, "Our precedents do not compel this conclusion." She suggested that speech offered as part of medical treatment can be subject to regulation.

Reaction from LGBTQ Advocates

Conversion therapy has been discredited for decades by major medical and mental health organizations across America. Roughly half of U.S. states have banned the practice due to its perceived ineffectiveness and potential harm to minors.

Kelley Robinson, President of the Human Rights Campaign, expressed strong disapproval of the Supreme Court's action. Robinson stated that the "reckless decision means more American kids will suffer." She concluded that the Court had "weaponized free-speech in order to prioritize anti-LGBTQ+ bias over the safety, health and wellbeing of children."