Overview
- The Court held that Colorado’s ban, when applied to talk-only counseling with minors, regulates speech by viewpoint and sent the case back for strict-scrutiny review.
- An 8–1 majority backed the result, with Justice Neil Gorsuch writing the opinion, Justices Elena Kagan and Sonia Sotomayor joining parts, and Justice Ketanji Brown Jackson dissenting.
- The ruling rejects the idea that a counselor’s words are mere professional conduct and affirms that licensed providers’ speech gets full First Amendment protection.
- Because many states have similar bans, new lawsuits are expected, and licensing boards, clinics, and schools are reassessing training, discipline, and compliance policies.
- Washington Monthly notes that Justice Kagan’s concurrence flagged the risk of one-sided limits on therapy, a point that could affect disputes in Texas and other states that move to police affirming care through speech.