Supreme Court Hears Free Speech Challenge to Ban on Conversion Therapy

Supreme Court Takes Up Conversion Therapy Ban: Free Speech or Patient Protection?

The U.S. Supreme Court is once again at the center of a national culture clash—this time over whether states can ban conversion therapy for minors. On Tuesday, the justices heard arguments in a high-stakes Colorado case that could reshape laws in more than 20 states and redefine the line between professional conduct and constitutionally protected speech.

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What Is Conversion Therapy?

Conversion therapy refers to any practice aimed at changing a person’s sexual orientation or gender identity—often targeting LGBTQ+ youth. While historically associated with abusive methods like electric shocks or aversion techniques, modern proponents claim to use only “voluntary talk therapy” rooted in religious or personal beliefs.

However, every major U.S. medical association—including the American Psychological Association, the American Medical Association, and the American Academy of Pediatrics—has condemned the practice as ineffective and harmful, citing increased risks of depression, anxiety, and suicide among minors subjected to it.

The Colorado Case at the Heart of the Debate

The case before the Court, Chiles v. Colorado, centers on Kaley Chiles, a licensed counselor and evangelical Christian who says Colorado’s 2019 ban prevents her from offering faith-aligned counseling to teens who “want to live consistently with their beliefs.”

Chiles argues the law violates her First Amendment rights by regulating her speech, not her conduct. She insists she uses no coercive methods and only works with willing clients and their families.

Colorado, meanwhile, maintains the law targets professional conduct—not belief or general speech—and is designed to protect vulnerable minors from a widely discredited practice. The state notes the law includes a religious exemption for clergy and unlicensed faith leaders, applying only to licensed mental health professionals.

Where Else Is Conversion Therapy Banned?

Colorado is far from alone. As of 2025, 22 states and over 100 municipalities have enacted similar bans on conversion therapy for minors. A Supreme Court ruling against Colorado could invalidate those laws nationwide.

Region Type Number with Bans Examples
States 22 California, New York, Illinois, Washington, Colorado
Major Cities (in non-ban states) 100+ Cincinnati (OH), Tampa (FL), Austin (TX)
States with No Ban 28 Texas, Florida, Alabama, Ohio, Missouri

Free Speech vs. Public Health: The Legal Tug-of-War

The core legal question hinges on a subtle but critical distinction: Is conversion therapy a form of speech (protected by the First Amendment) or professional conduct (subject to state regulation)?

Colorado argues that states have long regulated medical and therapeutic practices—even those involving speech—to protect public health. For example, doctors can’t recommend unproven cancer cures, and therapists can’t promote dangerous diets to anorexic patients.

But Chiles’ legal team, backed by the Trump administration, cites recent Supreme Court rulings favoring religious and expressive rights—like the 2023 decision allowing a Colorado web designer to refuse same-sex wedding services. They claim the Court should apply “strict scrutiny,” the highest legal standard, which would likely doom the ban.

What the Ruling Could Mean for Families and Therapists

A ruling in Chiles’ favor could:

  • Strike down conversion therapy bans across the U.S.
  • Open the door to challenges against other professional regulations involving speech (e.g., mandatory counseling disclosures).
  • Empower faith-based counselors to offer orientation-change services under the guise of “talk therapy.”

Conversely, upholding Colorado’s law would:

  • Reinforce states’ authority to protect minors from discredited medical practices.
  • Provide legal clarity for mental health boards enforcing ethical standards.
  • Signal that professional licensing comes with limits on harmful speech-based treatments.

Either way, the decision—expected by June 2026—will reverberate far beyond courtrooms, touching the lives of thousands of LGBTQ+ youth and their families.

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