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Supreme Court Questions Colorado Ban on Change‑Oriented Therapy for Minors

The justices probed whether the law targets counseling based on viewpoint, signaling a possible remand for stricter First Amendment review.

Overview

  • On October 7, the Court heard Chiles v. Salazar, a free‑speech challenge to Colorado’s 2019 statute treating change‑oriented counseling for minors as professional misconduct.
  • Several justices from across the ideological spectrum pressed whether the statute permits affirmation‑only counseling and thus discriminates by viewpoint.
  • Colorado’s solicitor general acknowledged the law would bar a counselor from helping a willing minor seek to align feelings with biological sex, a point the justices said supports standing.
  • The state defended the measure as a patient‑protection licensing rule grounded in positions from the AMA, AAP and APA that deem conversion therapy harmful.
  • Multiple justices floated sending the case back for heightened First Amendment scrutiny, with a ruling expected next year that could affect similar laws in more than 20 states and the District of Columbia.