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Supreme Court Hears Free-Speech Challenge to Colorado’s Ban on Conversion Therapy for Minors

The case tests whether states may treat the discredited practice as health care subject to regulation or as protected talk between counselors and teens.

Overview

  • The justices heard arguments Tuesday in Chiles v. Salazar, with the Trump administration urging the Court to view Colorado’s ban as a burden on speech.
  • Colorado defends its 2019 law as a regulation of unsafe, ineffective treatment, carrying fines up to $5,000 and potential license penalties, and exempting religious ministries, with no sanctions reported to date.
  • Kaley Chiles, a Christian counselor represented by Alliance Defending Freedom, argues the law censors faith-informed talk therapy and amounts to viewpoint discrimination.
  • Major medical organizations, including the American Psychological Association and American Medical Association, denounce conversion therapy as harmful to minors, citing links to depression and suicidality.
  • A circuit split frames the stakes: the 10th Circuit upheld Colorado’s law while the 11th Circuit struck similar bans, and a ruling could affect more than 20 states and define First Amendment limits on professional counseling.