SCOTUS overturns Colorado’s ban on conversion therapy

SCOTUS rules 8–1 counseling is free speech, reversing 2019 ban on minor conversion therapy
The high court says Colorado cannot ‘censor speech’ in counseling, upholding First Amendment protections over state healthcare regulations (Getty Images)
The high court says Colorado cannot ‘censor speech’ in counseling, upholding First Amendment protections over state healthcare regulations (Getty Images)

WASHINGTON, DC: The Supreme Court of the United States delivered a seismic shift to the legal landscape of healthcare and civil rights today, ruling 8–1 to strike down Colorado’s 2019 ban on conversion therapy for minors.

In the case of Chiles v Salazar, the Court sided with Kaley Chiles, a Christian talk therapist who argued that the state’s prohibition on efforts to change a minor's sexual orientation or gender identity constituted a viewpoint-based ‘gag order’ on her First Amendment rights.

The ruling effectively upends the legislative efforts of more than 20 states that had previously enacted similar bans to protect LGBTQ+ youth from a practice widely discredited by major medical associations.



While the Denver-based 10th US Circuit Court of Appeals had originally upheld the law as a valid regulation of professional conduct, the high court’s conservative majority determined that the government cannot "prescribe an orthodoxy of views" within the private confines of a counseling room.

Free speech as a medical bulwark

Writing for the majority, the Court rejected the notion that 'professional speech' exists as a separate, lesser-protected category of expression.

The opinion emphasized that the Constitution protects the right of all citizens to voice dissenting and even unpopular views, stating that state-imposed orthodoxies are fundamentally incompatible with the First Amendment.

WASHINGTON, DC - JUNE 26: Same-sex marriage supporter Vin Testa, of Washington, DC, waves a LGBTQIA pride flag in front of the U.S. Supreme Court Building as he makes pictures with his friend Donte Gonzalez to celebrate the anniversary of the United States v. Windsor and the Obergefell v. Hodges decisions on June 26, 2023 in Washington, DC. Today marks the 8th anniversary of the Supreme Court's ruling in the Obergefell v. Hodges case that guaranteed the right to marriage for same-sex couples. (Photo by Anna Moneymaker/Getty Images)
In an 8–1 decision, the Court ruled that the Constitution does not permit states to censor 'unpopular ideas' shared between licensed therapists and their clients (Photo by Anna Moneymaker/Getty Images)

"The Constitution does not protect the right of some to speak freely; it protects the right of all," the Court noted, stressing that therapists' conversations are a form of constitutionally protected speech.

Therapist Kaley Chiles, represented by the Alliance Defending Freedom, contended that her practice utilized only talk therapy with voluntary clients who set their own objectives.

Her legal team argued that the state was effectively putting itself into the counseling room to censor shared values between a therapist and her patients.

By siding with Chiles, the Court has set a precedent that professional standards of care cannot override the individual right to expressive conduct.

Jackson warns of medical system ‘unraveling’

Justice Ketanji Brown Jackson stood as the lone dissenter, issuing a blistering warning that the decision could lead to a "precipitous drop" in the quality of American healthcare.

Jackson argued that medical speech is fundamentally different from generic free speech, as it relies on industry-aligned, evidence-based advice to ensure patient safety.

She cautioned that by granting licensed professionals a newfound right to provide "substandard medical care," the Court is inviting the unraveling of the entire regulatory framework governing psychiatrists, therapists, and doctors.



"It is baffling that we could now be standing on the edge of a precipitous drop in the quality of healthcare services in America," Jackson wrote.

Her dissent reverberated the concerns of eight healthcare scholars and the Human Rights Campaign, who filed briefs stating that the decision could jeopardize numerous state laws regulating psychotherapy well beyond the specific context of conversion therapy.

Implications for LGBTQ+ youth safety

The decision has immediate and potentially devastating implications for LGBTQ+ youth across the country.

Advocates point to data from The Trevor Project showing that young people who undergo conversion therapy are more than twice as likely to attempt s*****e compared to their peers.

Wrapped in bisexual flag and pride flags this trio are waving small pride flags and watching a gay p
Mental health advocates warn that the loss of state protections will lead to a spike in psychological trauma and s*****e attempts among LGBTQ+ youth (AP Photo)

Shannon Minter, legal director of the National Center for LGBTQ Rights, stated that losing these protections would cause "incalculable harm" to a vulnerable population already facing significant psychological stress.

As the practice has been widely rejected by leading mental health associations for contributing to long-term psychological harm, the ruling creates a legal gray area where professional standards and constitutional rights collide.

For now, therapists in Colorado and potentially dozens of other states are free to engage in conversion practices under the shield of the First Amendment, marking a major victory for conservative legal groups and a profound setback for LGBTQ+ advocacy organizations.

GET BREAKING U.S. NEWS & POLITICAL UPDATES
STRAIGHT TO YOUR INBOX.

MORE STORIES

Kamala Harris called impeaching Donald Trump 'not a good idea,' urging Democrats to prioritize investigations and accountability instead
2026-10-28T03:53:46.000Z
The investigation focused on Cassidy Hutchinson’s testimony before the House committee investigating the January 6 attack in 2022
2026-10-28T03:32:05.000Z
Trump announced a proposed rollback of Biden-era methane regulations, claiming it would save $45 billion and boost Texas energy production as Republicans fight to retain the Senate seat
2026-10-28T02:56:04.000Z
Mike Waltz accused Cuba’s leadership of profiting from forced labour and confiscated assets, telling Bruno Rodriguez Parrilla to 'back up!' during the heated exchange
2026-10-28T02:01:58.000Z
The president ran three different polls asking users to choose a new name for AI: “Super Intelligence,” “Extreme Intelligence” and “Supreme Intelligence”
2026-10-27T20:05:39.000Z
Trump’s remarks about Minnesota’s election drew criticism from Democratic leaders, including Sen. Tina Smith (D-Minn.), who accused the president of “laying the groundwork” to “steal” the election
2026-10-27T19:02:52.000Z
In a letter written to Washington Secretary of State Steve Hobbs, the Department of Justice (DOJ) said it has identified 1,500 votes cast by more than 400 people in previous elections
2026-10-27T17:21:36.000Z
The contentious battle between conservationists and Trump came to limelight earlier this month when judge Reyes rebuked government attorney for claiming they were unaware that trees had been removed from the park
2026-10-27T15:20:48.000Z
Donald Trump offered no evidence for his claim as Flavio Bolsonaro challenged the results despite Luiz Inacio Lula da Silva's four-million-vote lead
2026-10-27T07:48:55.000Z
Robert F Kennedy Jr criticized Arab societies at a Mike Rogers rally, claiming they no longer contribute to science or literature
2026-10-27T07:05:42.000Z