The United States Supreme Court has agreed to examine the constitutional validity of Colorado’s prohibition on “conversion therapy.” This controversial practice aims to change an individual’s sexual orientation or gender identity. The decision to hear this case was announced on Monday as part of a series of orders stemming from the court’s recent private conference. Detailed information on the case can be found in the article by Amy Howe.
Previously, the Supreme Court opted not to review a similar challenge against a Washington state law that forbids licensed therapists from engaging in conversion therapy with minors. Justices Clarence Thomas and Samuel Alito had dissented, indicating their willingness to review such cases. In the current matter, the court’s focus is on the challenge posed by Kaley Chiles, a licensed counselor who views the Colorado law as an infringement on her First Amendment rights. Chiles holds that conversations about sexuality and identity, which align with her Christian beliefs, should not be constrained by the ban. Her case was previously dismissed by the U.S. Court of Appeals for the 10th Circuit, which ruled that the law regulates the conduct of health professionals rather than their speech.
Chiles asserts that laws regulating licensed professionals’ speech should not have more latitude simply because of their professional status. She argues that such laws prevent young people from accessing necessary care. Colorado defends the ban with what it describes as “overwhelming evidence” of the harm and ineffectiveness of conversion therapy efforts. The state distinguishes therapy sessions from informal conversations, emphasizing that health professionals must adhere to standards of care that safeguard patients, especially minors.
The Supreme Court’s decision to review the case underscores the ongoing debate about the interface of free speech, professional regulation, and individual rights. With arguments likely set for fall, the case is expected to be closely watched by both legal professionals and advocacy groups nationwide, leading to a decision anticipated by summer 2026.