March 31, (THEWILL) — The United States Supreme Court, on Tuesday, restricted the enforcement of Colorado’s ban on “conversion therapy” for LGBTQ+ minors.
The 2019 law prohibits licenced therapists from attempting to change or suppress a minor’s sexual orientation or gender identity, threatening penalties including fines and possible suspension of professional licences.
However, a Christian counsellor, Kaley Chiles, challenged the ruling, contending that it prevents her from providing voluntary, faith-based counselling to minors experiencing issues related to gender identity and sexual orientation.
Backed by the Alliance Defending Freedom, Chiles argued that her therapeutic approach constitutes protected speech and should not be restricted by the state.
Colorado officials defended the law, arguing that it was designed to protect minors from a practice widely discredited by medical experts and associated with psychological harm. The state maintained that the legislation regulates professional conduct within healthcare rather than speech itself, and still permits open discussions on gender identity and sexual orientation.
Ruling on Tuesday, the court held that the Colorado’s law application to licenced counselling services may infringe on free speech protections under the US Constitution.
In an 8–1 decision, the court directed lower courts to reassess the law under a stricter constitutional standard before any further enforcement action.
While the ruling raises major First Amendment questions, THEWILL reports that the ruling does not completely strike down Colorado’s 2019 law, but ordered the case back to a lower court for further review.
The Supreme Court agreed that the case raises serious First Amendment concerns, particularly where state regulations may be seen as limiting professional expression.
The majority opinion emphasised that laws regulating speech based on content or viewpoint must meet a heightened level of judicial scrutiny.
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