Why It Matters
The U.S. Supreme Court has determined that Colorado’s ban on conversion therapy for minors must undergo heightened constitutional review, potentially undermining similar statutes in more than 20 states. The 8-1 decision concluded that the 2019 Colorado law regulates speech based on viewpoint, triggering the most demanding legal standard courts can apply to restrictions on expression.
The ruling does not strike down the law but sends the case back to lower courts to determine whether the restriction can survive strict scrutiny analysis under the First Amendment.
What Happened
Justice Neil Gorsuch authored the majority opinion released Tuesday, ruling in favor of Kaley Chiles, a Christian counselor who challenged the Colorado statute in 2022. The law prohibits licensed mental health professionals from engaging in practices that attempt to change a minor’s sexual orientation or gender identity.
Gorsuch wrote that the First Amendment protects the right of Americans to speak freely and that laws suppressing speech based on viewpoint represent what he termed an egregious assault on core constitutional principles. The decision found that Colorado’s restriction targets specific viewpoints about human sexuality and gender, requiring courts to apply the most rigorous constitutional test available.
Justice Sonia Sotomayor was the lone dissenter in the case.
By the Numbers
Colorado enacted House Bill 19-1129 in 2019 under Governor Jared Polis, who became the first openly gay man elected governor of any U.S. state. According to advocacy organizations, at least 22 other states plus the District of Columbia have enacted laws restricting conversion therapy for minors. All of those statutes could now face similar legal challenges following the Supreme Court’s reasoning.
The Colorado law applied specifically to licensed mental health professionals, not religious counselors or clergy operating outside state licensing regimes.
Zoom Out
The decision continues a pattern of Supreme Court rulings expanding First Amendment protections for speech in professional and commercial contexts. Recent terms have seen the court scrutinize state regulations of professional speech, including restrictions on crisis pregnancy centers and mandates on social media platforms.
State bans on conversion therapy have become a flashpoint in broader debates over parental authority, religious liberty, and government regulation of counseling professions. Advocacy groups on both sides have tracked state legislative efforts closely, with progressive organizations pushing for expanded bans and conservative legal groups challenging existing statutes as viewpoint discrimination.
What’s Next
The case returns to federal district court in Colorado, where a judge will apply strict scrutiny to determine whether the state can demonstrate a compelling government interest that justifies the speech restriction and whether the law is narrowly tailored to achieve that interest. That standard is difficult to meet, and few laws subjected to strict scrutiny survive constitutional review.
Governor Polis said his administration is evaluating the ruling and working to determine how to protect both youth and free speech rights under the new legal framework. Lawmakers in other states with similar statutes may face pressure to revise or defend their laws in court.
Legal experts expect additional lawsuits challenging conversion therapy bans in other jurisdictions, particularly in states where enforcement actions have been taken against counselors or where regulations extend beyond traditional therapy into pastoral counseling or religious settings.