The Supreme Court struck down Colorado's ban on conversion therapy by an 8-1 vote, ruling in favor of a therapist who argued the state law violated her First Amendment right to free speech. The decision in Chiles v. Salazar represents one of the most significant rulings on conversion therapy restrictions in the country and could imperil similar laws enacted in more than 20 states and dozens of municipalities.
The case centered on a Colorado counselor who challenged the state's prohibition on licensed therapists attempting to change a client's sexual orientation or gender identity. A majority of the Court found that conversations between a therapist and a client constitute protected speech that the government cannot regulate based on its viewpoint or the content of the message conveyed.
The lone dissenter argued that the ruling mischaracterizes professional therapeutic conduct as ordinary speech and could expose vulnerable populations, including minors, to discredited practices that major medical and psychological associations have condemned as harmful. Opponents of the decision warned it could open the door to practices that professional bodies including the American Psychological Association have linked to depression, anxiety, and suicidal ideation among LGBTQ+ youth.
Supporters of the ruling argued that the Colorado law had overreached by empowering the state to dictate the content of private therapeutic conversations and effectively enforcing ideological conformity on licensed counselors. They framed the decision as a defense of professional autonomy and the therapist-client relationship against government interference.
The ruling is expected to face immediate scrutiny from LGBTQ+ advocacy organizations and state attorneys general who may seek legislative or regulatory alternatives that could withstand First Amendment challenge. Legal analysts noted that the breadth of the majority opinion may constrain the options available to states seeking to maintain some form of consumer protection in this area.
Left-Leaning Emphasis
- Vox framed the ruling as a significant setback for LGBTQ+ youth protections, emphasizing medical consensus that conversion therapy is harmful.
- PBS NewsHour highlighted concerns from mental health advocates who warned the decision could expose vulnerable minors to discredited and dangerous practices.
- Left-leaning coverage stressed that major psychological and medical associations have long condemned conversion therapy as ineffective and damaging.
Right-Leaning Emphasis
- National Review celebrated the ruling as a rejection of what it called ideological orthodoxy being imposed on therapists under the guise of public health regulation.
- The Federalist framed the decision as a defense of therapists' rights to help clients who seek guidance around gender identity, using language sympathetic to the challenging therapist.
- Right-leaning outlets emphasized the First Amendment dimension as a victory for free speech and professional autonomy against government overreach.
Sources
Vox, PBS NewsHour, BBC News, Axios, National Review, The Federalist