The US Supreme Court ruled 8-1 on Tuesday that Colorado's ban on licensed counselors attempting to change a minor's sexual orientation or gender identity through talk therapy requires strict First Amendment scrutiny. The decision in Chiles v. Salazar, written by Justice Neil Gorsuch, remands the case to lower courts after finding viewpoint discrimination. Justice Ketanji Brown Jackson dissented alone, warning of broad risks to medical regulations.
The Supreme Court sided with Colorado counselor Kaley Chiles, who challenged the state's 2019 law prohibiting licensed professionals from engaging in counseling that seeks to alter a minor's sexual orientation or gender identity. In an opinion by Justice Neil Gorsuch, the court held that Chiles' talk therapy constitutes protected speech and that Colorado's restriction amounts to viewpoint discrimination, which is presumptively unconstitutional. The justices reversed a federal appeals court decision upholding the law and directed it to apply strict scrutiny on remand, though Gorsuch implied such bans may not survive review as applied to talk therapy. Justices Sonia Sotomayor and Elena Kagan joined the majority but concurred separately, with Kagan noting distinctions between content-based and viewpoint-based restrictions might allow nuance in future cases. The ruling drew praise from Chiles, represented by the Alliance Defending Freedom. 'I'm grateful that my speech is protected,' Chiles said, adding it would help 'families and children seeking access to counselling that respects biological reality.' Colorado Attorney General Phil Weiser had argued the law protects minors from substandard care, while critics like Shannon Minter of the National Center for Lesbian Rights called the decision hypocritical amid state bans on gender-affirming care. Justice Jackson, dissenting from the bench, argued states can regulate harmful medical practices involving speech, citing precedents like Planned Parenthood v. Casey. 'No one directly disputes that Colorado has the power to regulate the medical treatments that state-licensed professionals provide to patients,' she said, cautioning the ruling could undermine licensure laws nationwide and lead to 'unprofessional and unsafe medical care.' The decision affects similar laws in more than 20 states, where major medical associations oppose conversion therapy for its inefficacy and risks like increased suicide among youth.
