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Supreme Court Casts Doubt on Colorado’s Conversion Therapy Ban in Free‑Speech Case

The case could reset the line between professional regulation and protected speech for licensed therapists.

Overview

  • During Oct. 7 oral arguments in Chiles v. Salazar, several justices questioned whether Colorado’s 2019 law is a viewpoint-based restriction on therapeutic conversations.
  • Colorado’s solicitor general acknowledged the statute would bar a counselor from helping a voluntary minor client accept their biological sex, a concession justices said establishes the plaintiff’s standing.
  • Government counsel noted the case record lacks studies specifically showing harm from non‑aversive talk therapy, even as major medical groups broadly condemn conversion practices as harmful.
  • The law makes it professional misconduct for state‑licensed providers to try to change a minor’s sexual orientation or gender identity while allowing acceptance‑based counseling.
  • Some justices floated sending the case back for heightened First Amendment review, a move that could affect similar laws in more than 20 states, with a final ruling expected by June 2026.