Colorado’s Conversion Therapy Ban and Free Speech

On Tuesday, Jonathan Turley, a law professor at George Washington University, highlighted the irony in Colorado’s legal struggle over conversion therapy, suggesting it’s unexpectedly beneficial for free speech advocates.

The U.S. Supreme Court ruled 8-1 to overturn Colorado’s ban on conversion therapy aimed at LGBTQ+ youth, with Justice Ketanji Brown Jackson being the sole dissenter. During a segment on “Hannity,” Turley pointed out that Colorado’s efforts to limit conversion therapy relate closely to a broader conversation about free speech.

“It’s ironic, Sean, because Colorado has become a significant place for the free speech movement. They keep trying to limit free speech, but the outcome seems to be the opposite,” Turley noted while speaking with Sean Hannity.

He mentioned that a law in Colorado, which sought to limit sexual orientation counseling for minors, gained national attention due to its implications for free speech.

“The state sought to prevent minors from discussing these sexual orientation issues with counselors, and the court decided 8-1 that this is indeed a restriction on free speech,” he added. Turley expressed concern over Justice Jackson’s dissent, stating that she overlooked the free speech aspect and treated the matter as purely conduct that Colorado could regulate.

Christian counselor Kaylee Childs contested the conversion therapy ban, claiming that permitting some viewpoints in counseling while punishing others infringes upon her free speech rights. The Supreme Court ultimately agreed, declaring Colorado’s ban unconstitutional for regulating speech based on differing viewpoints.

In the majority opinion, Justice Neil Gorsuch remarked, “While Colorado might believe its policy is vital for public health and safety, history shows that censoring governments often think the same way. The First Amendment protects against attempts to impose uniformity in thought and speech, asserting that all Americans possess the fundamental right to express their thoughts freely and trust that a marketplace of ideas will lead to truth.”

In 2019, Colorado passed a law banning conversion therapy, defining it as any attempt to alter an individual’s sexual orientation or gender identity. In a concurring opinion, Justice Elena Kagan, joined by Justice Sonia Sotomayor, emphasized that First Amendment concerns arise regardless of the state’s position on the issue.