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Supreme Court Curbs Colorado’s Conversion Therapy Ban as Viewpoint Discrimination

The 8–1 ruling treats talk-only counseling as protected speech, pressing states to pursue neutral, conduct-based safeguards.

Overview

  • The Court ruled 8–1 that Colorado cannot punish talk-only counseling, even when the goal is to change a minor’s sexual orientation or gender identity.
  • The majority, joined by Justices Elena Kagan and Sonia Sotomayor, said the statute took sides by allowing supportive talk for identity exploration but forbidding speech that urged change.
  • Justice Ketanji Brown Jackson dissented, arguing the state was regulating medical practice to prevent harm identified by major professional groups.
  • The law remains on the books as the case returns to lower courts, and states are likely to turn to neutral tools such as malpractice, fraud, or coercion rules to police harmful conduct.
  • Conservative and religious groups hailed a free-speech win for faith-based counselors, while critics warned it could weaken safeguards for minors and influence other advice limits, including on abortion or transgender care.