The U.S. Supreme Court ruled in an 8-1 decision March 31 that a Colorado law banning conversion therapy for minors may violate the First Amendment when applied to talk therapy, reversing a lower court decision and remanding the case.
Chiles v. Salazar centers on Kaley Chiles, a licensed counselor who challenged the 2019 state law restricting “conversion therapy” practices and subjecting licensees who engage in the practice to disciplinary action. The court found the law, as applied to her work, regulates speech based on viewpoint, triggering heightened constitutional scrutiny.
Colorado’s statute prohibits licensed counselors from attempting to change a minor’s sexual orientation or gender identity, while allowing support or affirming discussions. The court said this distinction amounts to viewpoint discrimination because it permits certain perspectives but restricts others expressed through talk therapy.
Lower courts had upheld the law under a more lenient standard, reasoning it regulated professional conduct rather than speech. The Supreme Court rejected the approach, emphasizing that the First Amendment applies to licensed professionals and that speech does not lose protection when delivered in a clinical setting.
The decision sends the case back to lower courts for further review under stricter constitutional standards.
Twenty-eight states and Washington, D.C., have enacted laws or introduced bills protecting youths from receiving conversion therapy, according to Evanston, Ill.-based Northwestern University.
The American Psychological Association has raised concerns about the decision as the ruling leaves unresolved whether states can regulate what licensed mental health professionals say during clinical sessions, a question the organization said could affect consumer safety and professional oversight.
APA CEO Arthur Evans Jr., PhD, said in a March 31 news release the decision creates uncertainty around states’ authority to enforce standards for therapeutic practices delivered through speech. He said the outcome could influence both conversion therapy bans and broader regulatory oversight among professionals who rely on clinical communication.
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