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Supreme Court Limits Colorado’s Conversion-Therapy Ban Over Viewpoint Discrimination

The decision signals new legal tests for states restricting counseling speech.

Overview

  • The Supreme Court ruled 8–1 in Chiles v. Salazar that Colorado cannot use its ban on conversion therapy for minors to stop a licensed counselor’s talk therapy.
  • Justice Neil Gorsuch wrote that the law, as applied to Kaley Chiles, discriminated by viewpoint because it allowed counseling that affirms a minor’s identity but barred counseling that aims to change or redirect it.
  • Justices Elena Kagan and Sonia Sotomayor concurred in the result, while Justice Ketanji Brown Jackson dissented and warned the ruling could hamper states’ regulation of medical care.
  • Legal analysts say roughly 23 states and Washington, D.C., with similar bans now face constitutional risk and should expect new court challenges.
  • Kentucky Governor Andy Beshear criticized the ruling, calling conversion therapy “torture” and invoking his faith in his response.