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Supreme Court Rules Against Colorado's LGBTQ 'Conversion Therapy' Ban
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Supreme Court Rules Against Colorado's LGBTQ 'Conversion Therapy' Ban

Mar 31, 2026

The U.S. Supreme Court ruled 8-1 on March 31, 2026, against Colorado's 2019 law banning conversion therapy for LGBTQ+ minors, with Justice Neil Gorsuch writing that the ban constitutes viewpoint-based censorship violating the First Amendment. The decision, supported by Justices Elena Kagan and Sonia Sotomayor, sends the case back to lower courts under a stricter legal standard and threatens similar laws in twenty-three other states. Counselor Kaley Chiles, represented by Alliance Defending Freedom, challenged the ban arguing it prevents non-affirming therapy distinct from discredited historical practices like shock therapy. Justice Ketanji Brown Jackson dissented alone, warning the ruling could impair states' ability to regulate medical care, while LGBTQ+ advocates note conversion therapy has been condemned by every major U.S. medical association and linked to serious psychological harm.

Supreme Court's 8-1 ruling on First Amendment grounds

  • ▪The Supreme Court ruled 8-1 against Colorado's law banning conversion therapy for LGBTQ+ kids on March 31, 2026
  • ▪Justice Elena Kagan wrote that a state could not ban talk therapy designed to affirm a minor's sexual orientation or gender identity
  • ▪The 10th U.S. Circuit Court of Appeals in Denver upheld Colorado's conversion therapy ban before the Supreme Court agreed to hear the case
  • ▪Justice Neil Gorsuch wrote that Colorado's conversion therapy ban censors speech based on viewpoint
  • ▪Justice Ketanji Brown Jackson was the sole dissenter in the Supreme Court's ruling on Colorado's conversion therapy ban.
  • ▪Justice Ketanji Brown Jackson wrote that the Supreme Court's conversion therapy decision opens a dangerous can of worms that threatens to impair states' ability to regulate the provision of medical care
  • ▪Justice Neil Gorsuch wrote that the First Amendment stands as a shield against any effort to enforce orthodoxy in thought or speech in the United States
  • ▪The Supreme Court sent Colorado's conversion therapy ban back to a lower court to decide if it meets a legal standard that few laws pass
  • ▪Justice Elena Kagan and Justice Sonia Sotomayor supported Justice Neil Gorsuch's opinion on Colorado's conversion therapy ban
  • ▪The 11th U.S. Circuit Court of Appeals struck down conversion therapy bans similar to Colorado's in Florida

Counselor's religious freedom claims versus state regulation of therapy

  • ▪Kaley Chiles contends that her therapy approach is different from conversion therapy practices from decades ago like shock therapy
  • ▪Counselor Kaley Chiles challenged Colorado's conversion therapy ban with support from President Donald Trump's Republican administration
  • ▪The Alliance Defending Freedom represented Kaley Chiles in the Supreme Court case challenging Colorado's conversion therapy ban
  • ▪Colorado enacted its conversion therapy ban in 2019
  • ▪The Alliance Defending Freedom represented a Christian website designer who successfully challenged Colorado anti-discrimination law because she didn't want to work with same-sex couples
  • ▪Colorado's 2019 conversion therapy law carries the possibility of fines and license suspension

Medical consensus and LGBTQ+ advocacy response to the decision

  • ▪The Supreme Court's conversion therapy ruling is expected to eventually make similar laws in other states unenforceable
  • ▪Conversion therapy has been condemned by every major medical association in the United States
  • ▪The Movement Advancement Project is an advocacy group that tracks policies that impact LGBTQ+ people

Perspective of LGBTQ+ advocacy organizations

  • ▪Conversion therapy bans in twenty-three states are now vulnerable to legal challenges following the Supreme Court's Colorado ruling

2 sources

Coloradonewsline
U.S. Supreme Court rules against Colorado ban on conversion therapy
View source article
Statnews
Supreme Court rules against Colorado ban on ‘conversion therapy’ for LGBTQ kids
View source article

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Topics

Government and Regulatory PolicyTherapy & counselingMental healthLGBTQ+ mental health