Supreme Court Limits Colorado Conversion-Therapy Ban, Citing Free Speech

Overview

• The Court, in Chiles v. Salazar, ruled 8–1 that Colorado cannot punish licensed counselors for talk-only efforts to change a minor’s sexual orientation or gender identity.
• Justice Neil Gorsuch wrote that the law singled out one viewpoint by banning counseling aimed at change while permitting counseling that affirms identity exploration.
• Justice Ketanji Brown Jackson dissented by arguing states can curb professional speech, and Justice Elena Kagan concurred to stress the flaw was the one-sided restraint.
• The decision protects verbal counseling as speech yet leaves room for states to target non-speech conduct, fraud, coercion, or malpractice through neutral rules, and current bans still stand until challenged.
• Analysts note the reasoning may influence disputes over laws that limit clinician advice on abortion or transgender treatment, with any broader effects to be tested in future cases.