Colorado lawmakers in the state House of Representatives have advanced legislation that would create a private right of action for individuals subjected to conversion therapy, allowing them to sue practitioners who perform the practice. The bill moves forward as the state continues navigating a legal landscape shaped by a recent U.S. Supreme Court decision that sent Colorado’s original conversion therapy ban back to lower courts over First Amendment concerns.
Why It Matters
The legislation carries significant legal and policy implications for Colorado, where state officials have been attempting to restrict conversion therapy — a practice aimed at changing a person’s sexual orientation or gender identity — for several years. If signed into law, the bill would give affected individuals a civil legal pathway to seek damages against licensed mental health providers who perform the practice.
The bill’s advancement comes at a particularly sensitive moment, following the Supreme Court’s directive that lower courts re-examine Colorado’s existing conversion therapy restrictions under a stricter First Amendment standard. Critics argue the new legislation may face similar constitutional challenges.
What Happened
The Colorado House advanced the conversion therapy lawsuit bill during a floor vote in the state legislature. The bill would establish a civil cause of action, meaning individuals who underwent conversion therapy could file lawsuits against practitioners in Colorado state courts.
Republican lawmakers opposed the measure, with at least one GOP member characterizing the bill as a direct challenge to the Supreme Court’s authority. The lawmaker described the legislation as a “slap in the face” to the high court, arguing that Colorado was effectively circumventing the justices’ recent ruling by pursuing an alternative legal mechanism to restrict the practice.
Supporters of the bill contend that creating a private right of action is legally distinct from an outright ban on the practice and represents a different approach to protecting minors and adults from what they describe as harmful therapeutic techniques. The bill now advances to the next stage of the legislative process.
The move follows the Supreme Court’s decision to send Colorado’s conversion therapy ban back to a lower court over First Amendment concerns, signaling that the justices viewed the original law as potentially running afoul of free speech protections for licensed practitioners.
By the Numbers
More than 20 states have enacted some form of restriction on conversion therapy for minors, according to policy tracking organizations. At least two Supreme Court cases have addressed First Amendment challenges to state-level conversion therapy laws in recent years. Colorado’s original ban was remanded under a stricter First Amendment standard established by the high court. The new civil lawsuit mechanism would apply to licensed mental health professionals operating within the state. Legislative observers note the bill passed the House committee stage before reaching a full floor vote, a process spanning several weeks of the current session.
Zoom Out
Colorado’s legislative maneuvering reflects a broader national pattern in which states are adapting their approaches to conversion therapy restrictions in response to evolving federal court rulings. As direct prohibitions face First Amendment scrutiny, some states are exploring civil liability frameworks as an alternative regulatory tool.
The Supreme Court’s decision to apply a stricter standard of First Amendment review to professional speech — including therapy — has created legal uncertainty for states that passed outright bans. The high court’s remand of Colorado’s conversion therapy law under that stricter standard has prompted state legislatures across the country to reassess how their own laws might hold up under similar scrutiny.
In Colorado specifically, the legal and political environment has been notably active, with the state’s courts also recently making headlines in the appeals court ruling involving Tina Peters, further illustrating an ongoing period of significant judicial activity in the state.
What’s Next
The bill will move forward in the Colorado legislature, where it will require additional votes before reaching the governor’s desk. Legal analysts expect any final version of the bill, if signed into law, to face immediate constitutional challenges from practitioners and civil liberties organizations arguing it infringes on First Amendment-protected speech.
Opponents have signaled they are prepared to mount a legal challenge, and the outcome of ongoing lower court proceedings related to Colorado’s original conversion therapy ban may influence how courts evaluate the new legislation. The timeline for a final legislative vote has not been publicly confirmed as of early April 2026.