Supreme Court Weighs Free Speech in Colorado Conversion Therapy Case
Supreme Court Considers Free Speech and Professional Conduct
The U.S. Supreme Court recently heard arguments in a case challenging Colorado’s ban on conversion therapy for minors, with a majority of justices expressing skepticism about the law’s constitutionality. Lawyers for counselor Kaley Chiles argued the ban infringes on therapists’ First Amendment rights by restricting conversations about sexual orientation and gender identity, even when those discussions are based on religious or personal beliefs. The state, however, maintains the law regulates professional conduct—not speech—citing a consensus among mental health organizations that such therapies are harmful and ineffective.
Debate Over Viewpoint Discrimination and State Power
During oral arguments, several conservative justices raised concerns about viewpoint discrimination, questioning whether states can favor one medical opinion over another. Justice Amy Coney Barrett highlighted the tension between protecting minors and respecting professional speech, while Colorado’s solicitor general emphasized that licensed professionals are held to a standard of care, not unlimited free expression. A ruling against Colorado could prompt over twenty states to revisit similar bans, reshaping the legal landscape for LGBTQ+ youth protections and professional speech rights nationwide.
