Supreme Court Ruling on Conversion Therapy Ban
In a significant ruling, the Supreme Court has decided nearly unanimously regarding a state’s prohibition on conversion therapy for minors, marking a noteworthy win for the First Amendment and possibly setting a precedent for other states to follow suit.
In a decision of 8 to 1, announced on Tuesday, the court addressed the case of Chiles v. Salazar. It concluded that Colorado’s ban on conversion therapy for minors, particularly concerning talk therapy aimed at “changing an individual’s sexual orientation or gender identity,” infringes upon free speech rights by regulating speech based on viewpoint, violating the First Amendment.
“The First Amendment serves as a shield against any effort to enforce orthodoxy in thought and speech in this country,” the ruling emphasized.
The Colorado law, enacted in 2019, was introduced in response to escalating mental health issues among teenagers in the state and the mounting evidence linking conversion therapy with increased rates of depression, anxiety, and suicidal thoughts. Under this law, licensed counselors were restricted from offering conversion therapy to minors.
Kaylee Childs, a mental health counselor, challenged this law in court against Patti Salazar, the executive director of the Colorado Regulatory Authority.
The U.S. Court of Appeals for the 10th Circuit had earlier sided with the state, ruling that the law did not violate Childs’ First Amendment rights.
However, in the majority opinion, Justice Neil Gorsuch noted: “Colorado may consider the policy essential to public health and safety. Indeed, censorious governments throughout history have believed the same thing. But the First Amendment is a shield against any effort to enforce orthodoxy in thought and speech.” He remarked that the law not only restricts what Childs can say but also dictates what viewpoints she is permitted to express.
Justice Elena Kagan, who joined Justice Sonia Sotomayor in supporting the majority opinion, provided a concurring stance, suggesting that if Colorado had implemented a law that was neutral in viewpoint yet content-based, other complicated issues would arise.
Justice Ketanji Brown Jackson was the lone dissenter, arguing that the majority overlooked the crucial context of Childs’ claims. She pointed out that Childs was not merely speaking abstractly but was providing treatment to minors as a licensed professional. Jackson contended that the majority’s position opens the door to undermining state regulations on healthcare.
In commentary on the decision, Matt Walsh, known for his documentary What is a Woman?, strongly criticized Jackson’s support for the ban, claiming it aimed to prevent therapists from affirming biological reality to their clients. Walsh labeled the law as possibly one of the most extreme ever passed.
Currently, Colorado stands as one of over 20 states that have laws prohibiting conversion therapy.
