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Supreme Court Questions Colorado Conversion Therapy Ban, Citing Free-Speech Concerns

The decision signals that courts will review counseling bans as speech rules that must clear a higher bar.

Overview

  • The Court, which ruled 8–1 on Tuesday, sent the Colorado case back to lower courts after finding likely viewpoint discrimination in the law.
  • Colorado’s prohibition stays in place for now as judges reexamine it under stricter First Amendment standards that could limit or block enforcement.
  • Passed in 2019, the statute bars licensed therapists from trying to change a minor’s sexual orientation or gender identity and allows fines of up to $5,000 per violation.
  • Justice Ketanji Brown Jackson dissented and warned the ruling could weaken state power to regulate what licensed clinicians say in medical care.
  • The opinion raises new risks for similar bans in more than two dozen states even as major medical groups call conversion therapy discredited and linked to mental health harm.