The US Supreme Court has ruled against a Colorado law banning conversion therapy for LGBTQ+ children, siding with a Christian counsellor who argued the measure violated free speech rights. The 8-1 decision, delivered on Tuesday, sent the case back to a lower court to determine whether the law meets a strict legal standard that few laws pass.
Writing for the majority, Justice Neil Gorsuch stated that the law 'censors speech based on viewpoint', adding that the First Amendment 'stands as a shield against any effort to enforce orthodoxy in thought or speech in this country'. The opinion was joined by liberal justices Elena Kagan and Sonia Sotomayor, with Kagan noting that the state had 'suppressed one side of a debate' by barring therapy aimed at changing a minor's sexual orientation or gender identity.
In a solo dissent, Justice Ketanji Brown Jackson warned that the ruling 'opens a dangerous can of worms' and could impair states' ability to regulate medical care. Colorado had argued that the ban was a legitimate healthcare regulation, exempting religious ministries and allowing open discussions about identity.
The case was brought by counsellor Kaley Chiles, backed by the Alliance Defending Freedom and the Trump administration. She argued that the law prevented her from offering voluntary, faith-based therapy to children who wish to 'grow comfortable with their bodies'. Advocates for LGBTQ+ people condemned the ruling, with Polly Crozier of GLAD Law calling conversion therapy 'dangerous' and noting that it is condemned by every major medical association.
The 2019 Colorado law carries potential fines and licence suspension, though no one has been sanctioned under it. The ruling is expected to affect similar bans in about two dozen other states, potentially rendering them unenforceable.
