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Supreme Court Signals Skepticism of Colorado’s Conversion Therapy Ban

Questions from the bench centered on whether the statute constitutes viewpoint discrimination under the First Amendment.

Overview

  • During Tuesday’s arguments, justices including Samuel Alito and Elena Kagan questioned if Colorado’s law censors certain counseling viewpoints.
  • Colorado Solicitor General Shannon Stevenson defended the statute as a professional-standards measure grounded in medical consensus and patient protection.
  • Several justices floated sending the case back to lower courts for heightened First Amendment review rather than ruling on the merits now.
  • The challenge targets a 2019 law in a state that is among more than 20 with similar restrictions, and the 10th Circuit previously upheld Colorado’s rule as regulating conduct.
  • Kaley Chiles, represented by Alliance Defending Freedom, argues the law bans consensual talk therapy for minors seeking to change orientation or gender identity, and the outcome could influence comparable laws nationwide.