WASHINGTON — In a landmark decision with far-reaching implications for LGBTQ+ rights and the scope of free speech, the Supreme Court on Tuesday struck down state laws banning “conversion therapy” for minors. The 8-1 ruling centered on a challenge to Colorado’s law, finding it violated the First Amendment rights of licensed counselors who wish to provide talk therapy aimed at exploring a client’s feelings about their sexual orientation or gender identity. The decision is expected to invalidate similar laws in at least 23 other states, including California, which was the first to enact such a ban in 2012.
The core of the court’s argument, articulated by Justice Neil M. Gorsuch, is that the Colorado law constitutes “censorship based on viewpoint.” Gorsuch wrote that while the state may believe its policy is essential for public health and safety, the First Amendment “stands as a shield against any effort to enforce orthodoxy in thought or speech.” This ruling marks the latest in a series of decisions by the conservative majority that prioritize free speech claims, even when they clash with protections for marginalized groups.
The case, Chiles v. Salazar, originated with Kaley Chiles, a licensed counselor in Colorado Springs who argued the state law infringed upon her constitutional rights. Chiles maintains she does not seek to “cure” anyone of their sexual orientation, but rather to provide a space for clients to explore their feelings within the framework of their faith. The Alliance Defending Freedom, a conservative legal organization, represented Chiles, arguing that the law unfairly targeted counselors with specific religious or moral viewpoints. The ADF described Chiles as a Christian who believes individuals “flourish when they live consistently with God’s design.”
The Dissent and Concerns Over Harm
Justice Ketanji Brown Jackson was the sole dissenter, delivering a 35-page opinion that sharply contrasted with the majority’s view. Jackson argued that the First Amendment protects “speech as speech,” not regulations of professional conduct. She emphasized that states have a long-established authority to regulate medical practices, including therapy, to protect public health. “States have traditionally regulated the provision of medical care through licensing schemes and malpractice regimes without constitutional incident,” she wrote. Jackson’s dissent underscored the concern that the ruling could allow harmful practices to continue under the guise of free speech, potentially endangering vulnerable young people.
The ruling comes despite widespread condemnation of “conversion therapy” by major medical and psychological organizations. The American Psychological Association, for example, has consistently stated that such practices lack scientific support and can cause significant psychological harm, including depression, anxiety and suicidal ideation. The APA’s position is based on decades of research demonstrating the ineffectiveness and potential dangers of attempting to change a person’s sexual orientation or gender identity.
A Pattern of Rulings on LGBTQ+ Rights
This decision is the third significant setback for LGBTQ+ rights advocates in the past year. In June 2025, the Supreme Court upheld laws in Tennessee and 24 other states prohibiting “gender affirming” care for minors, including puberty blockers and hormone therapy. That 6-3 ruling deferred to state lawmakers’ judgment on the issue. Last month, the court as well sided with parents in California who challenged a school district’s policy regarding student gender identity disclosure, asserting a parental right to know about their child’s gender identity at school.
The Alliance Defending Freedom has been a frequent litigant before the Supreme Court, securing victories in several cases involving religious freedom and free speech. Prior successes in Colorado include cases involving a baker who refused to create a wedding cake for a same-sex couple and a website designer who objected to providing services for same-sex weddings, both on religious grounds. These cases have established a pattern of the court siding with individuals claiming their First Amendment rights are being violated when they conflict with anti-discrimination laws.
Understanding Colorado’s Law and Its Impact
Colorado’s law, enacted in 2019, defined “conversion therapy” as any practice or treatment by a licensed professional that attempts to change an individual’s sexual orientation or gender identity. Violators faced fines of up to $5,000, although state officials confirmed no one had been penalized under the law. The law was intended to protect minors from practices widely considered harmful and ineffective. Still, the Supreme Court found that even the threat of a fine constituted an unconstitutional restriction on speech.
The ruling’s immediate impact will be felt in the 23 other states with similar bans. Legal challenges are expected to be filed in those states, arguing that the Colorado decision necessitates the repeal of their laws. California, which pioneered the ban in 2012, is likely to be among the first to face legal action. Then-Governor Edmund G. Brown Jr. Famously described “change” therapies as being relegated to the “dustbin of quackery” when he signed the bill into law.
The Trump administration previously supported the First Amendment challenge to Colorado’s law, arguing that it sought to suppress a “disfavored viewpoint.” The state of Colorado, in its defense, maintained that the law was a legitimate exercise of its authority to safeguard public health by prohibiting a discredited and harmful practice. However, the court’s majority did not accept that argument.
This ruling underscores the growing tension between free speech rights and protections for vulnerable populations. As the Supreme Court continues to grapple with these complex issues, the legal landscape surrounding LGBTQ+ rights remains uncertain. The next step in this legal battle will likely involve challenges to existing bans in other states and potential legislative efforts to clarify the scope of free speech protections in the context of professional therapy.
If you or someone you know needs help, the Trevor Project offers 24/7 crisis support for LGBTQ young people. You can reach them at 1-866-488-7386 or visit their website.
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