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The Supreme Court ruled Tuesday that Colorado cannot enforce its so-called “conversion therapy” ban regarding conversations between therapists and minors, saying the law likely violates the First Amendment by allowing some viewpoints but not others.
In an 8–1 decision, the high court said the law favors one viewpoint by allowing therapists to affirm a minor’s gender identity or sexual orientation, but not help them to change it if they want to.
The decision stemmed from a lawsuit brought by Kaley Chiles, a licensed Christian therapist, who argued her conversations with youth clients were a form of protected speech. The Colorado government had said the conversations amounted to professional conduct that the state was allowed to regulate.
The Supreme Court ruled Tuesday that Colorado can’t enforce its “conversion therapy” ban on conversations between therapists and clients, saying the law likely violates the First Amendment by allowing some viewpoints but not others. (AP Photo/J. Scott Applewhite, File)
At issue in the case was a law Colorado passed in 2019 that banned what the state government described as conversion therapy.
Justice Neil Gorsuch wrote the majority opinion, saying the question before the high court was a “narrow one” and that Chiles did not seek to toss out the Colorado law but rather consider whether it could apply to therapy that was strictly conversational.
“The First Amendment stands as a shield against any effort to enforce orthodoxy in thought or speech in this country,” Gorsuch wrote. “It reflects instead a judgment that every American possesses an inalienable right to think and speak freely, and a faith in the free marketplace of ideas as the best means for discovering truth. However well-intentioned, any law that suppresses speech based on viewpoint represents an ‘egregious’ assault on both of those commitments.”
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Kaley Chiles, plaintiff in Chiles v. Salazar (Alliance Defending Freedom press release) (Alliance Defending Freedom, press release)
In the lone dissent, Justice Ketanji Brown Jackson said the majority “plays with fire in this case” and that she feared “the people of this country will get burned.”
“Before now, licensed medical professionals had to adhere to standards when treating patients: They could neither do nor say whatever they want,” Jackson wrote. “Largely due to such State regulation, Americans have been privileged to enjoy a long and successful tradition of high-quality medical care.”
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This is a developing story. Please check back for updates.
Fox News’ Bill Mears contributed to this report.