Plain-English summary
Court rules Colorado law banning conversion therapy unconstitutionally targets counselor’s speech; reverses and remands
The Supreme Court held that Colorado’s law banning conversion therapy, as applied to counselor Kaley Chiles’ talk therapy, regulated speech based on viewpoint and required stricter First Amendment review. The Court reversed the Tenth Circuit and sent the case back for further proceedings consistent with its opinion.
Why this matters
The decision reinforces strong First Amendment protection for speech in professional counseling when a law targets the speaker’s viewpoint. It limits states’ ability to regulate certain therapeutic practices that are expressed through speech, and it clarifies how courts must analyze such laws under free-speech principles.
Who may feel it
- Licensed counselors, therapists, and mental-health professionals who provide talk-based therapy
- Parents and minors seeking or avoiding counseling related to gender identity or sexual orientation
- State regulators who write and enforce laws about therapeutic practices
- Advocates on both sides of debates over conversion therapy and free speech
Key questions
- Does a state law that bans so-called conversion therapy regulate speech based on viewpoint when applied to a counselor who expresses a particular religiously informed view?