Plain-English summary
Court: Colorado conversion-therapy ban targets speech by viewpoint, triggering strict First Amendment review
The Court reversed the Tenth Circuit, holding that Colorado’s law banning so-called “conversion therapy” as applied to a Christian counselor’s talk therapy regulates speech based on viewpoint. The lower courts should have applied stricter First Amendment review.
Why this matters
The decision clarifies that laws restricting professional counseling methods can violate the First Amendment when they single out speech because of its viewpoint. That affects how states may regulate therapist conduct and speech about gender identity and sexual orientation, especially where counseling involves expressive, conversational practices rather than physical treatment.
Who may feel it
- Licensed mental-health professionals (counselors, therapists, psychologists)
- Clients seeking counseling that aligns with religious beliefs about sex and gender
- State regulators and licensing boards that enforce professional-conduct rules
- Lawmakers and advocates on both sides of conversion-therapy regulations
Key questions