WASHINGTON — The Supreme Court on Tuesday dealt a significant blow to efforts to protect LGBTQ+ youth, ruling against a Colorado law that banned “conversion therapy” – the discredited practice of attempting to change a person’s sexual orientation or gender identity. In an 8-1 decision, the court sided with a Christian counselor who argued the law violated her First Amendment rights, raising concerns about free speech.
The ruling, rooted in the argument that the Colorado law “censors speech based on viewpoint,” casts a shadow over similar bans in the roughly two dozen states that have sought to outlaw conversion therapy. While the court did not explicitly declare such bans unconstitutional, it sent the case back to a lower court, effectively requiring it to meet a stringent legal standard that few laws can satisfy.
A First Amendment Challenge
Justice Neil Gorsuch, writing for the majority, emphasized the First Amendment’s protection of speech, even when it concerns sensitive or controversial topics. He argued that the state’s law improperly targeted speech based on its content, a practice generally disfavored by the courts. Remarkably, the opinion garnered support from liberal Justices Elena Kagan and Sonia Sotomayor, who acknowledged the constitutional concerns surrounding the law’s restrictions.
Justice Kagan, in a concurring opinion, pointed out that a ban on affirming therapy for LGBTQ+ youth would be equally problematic under the First Amendment. “Once again, because the State has suppressed one side of a debate, while aiding the other, the constitutional issue is straightforward,” she wrote, highlighting the potential for viewpoint discrimination.
A Dissenting Voice
The lone dissenter, Justice Ketanji Brown Jackson, sharply disagreed with the majority’s reasoning. She argued that states have a legitimate interest in regulating healthcare, even if those regulations incidentally affect speech. Jackson warned that the decision “opens a dangerous can of worms” and could undermine states’ ability to protect vulnerable populations from harmful practices.
The case centered on Kaley Chiles, a Christian counselor who provides talk therapy to young people struggling with their sexual orientation or gender identity. Chiles argued that the Colorado law prevented her from offering voluntary, faith-based counseling and that her approach differed from the more harmful practices associated with conversion therapy, such as shock therapy. She maintained that her goal is to support young people “grow comfortable with their bodies,” not to change their fundamental identities.
Colorado countered that its law does not prohibit conversations about gender identity or sexual orientation, and that it exempts religious ministries. The state argued that the law simply aims to prevent the use of therapy to attempt to alter a person’s sexual orientation or gender identity, a practice widely discredited by medical and psychological experts and linked to significant harm.
Advocates for LGBTQ+ rights condemned the ruling, emphasizing the dangers of conversion therapy. Polly Crozier, director of family policy at GLAD Law, stated that the decision “does not change the science” and that “conversion therapists who harm patients will still face legal consequences.”
While the 2019 Colorado law has not resulted in any sanctions to date, the Supreme Court’s decision is expected to have a chilling effect on similar laws across the country. The 11th U.S. Circuit Court of Appeals has already struck down similar bans in Florida, signaling a potential shift in the legal landscape.
What Happens Next?
The case will now return to the lower courts for further consideration, but the Supreme Court’s ruling has significantly narrowed the scope of permissible regulation. States seeking to protect LGBTQ+ youth from conversion therapy will likely face increased legal challenges, and may need to demonstrate a compelling state interest and narrowly tailored regulations to withstand scrutiny.
Frequently Asked Questions
What is “conversion therapy”?
Conversion therapy encompasses a range of practices aimed at changing a person’s sexual orientation or gender identity. These practices, often rooted in pseudoscientific beliefs, have been widely discredited by medical and psychological organizations and are associated with significant psychological harm, including depression, anxiety, and suicidal ideation.

What did the Supreme Court actually rule on?
The Supreme Court did not rule on the constitutionality of all bans on conversion therapy. Instead, it found that the Colorado law raised First Amendment concerns regarding free speech and sent the case back to a lower court to determine if the law met a strict legal standard.
Will this decision impact other states with similar laws?
Yes, the ruling is likely to make it more difficult for states to defend laws banning conversion therapy. It signals a willingness by the Supreme Court to protect speech, even when it concerns controversial or harmful practices, and could lead to challenges to similar laws in other states.
What are the potential consequences of this ruling?
The ruling could leave LGBTQ+ youth more vulnerable to harmful practices and may embolden practitioners of conversion therapy. Advocates fear that it could also signal a broader trend of the Supreme Court prioritizing religious freedom claims over the rights of LGBTQ+ individuals.
As the legal landscape shifts, the debate over the protection of LGBTQ+ youth and the limits of free speech is sure to continue. Will states find ways to regulate conversion therapy without infringing on First Amendment rights, or will this ruling mark a setback for efforts to safeguard vulnerable young people?




