SCOTUS Slaps Down Colorado ‘Conversion Therapy’ Ban on First Amendment Grounds

The Supreme Court of the United States ruled 8–1 Tuesday that Colorado cannot enforce its ban on so-called “conversion therapy” when it comes to conversations between therapists and minors, finding the law likely violates the First Amendment.

In a sweeping decision, the court said the state’s law impermissibly favors one viewpoint over another — allowing therapists to affirm a minor’s gender identity or sexual orientation, but not to explore change if the patient seeks it.

Justice Neil Gorsuch, writing for the majority, framed the issue as a narrow but critical test of free speech protections.

“The First Amendment stands as a shield against any effort to enforce orthodoxy in thought or speech in this country,” Gorsuch wrote, warning that viewpoint-based restrictions are an “egregious” violation of constitutional principles.

The case was brought by Kaley Chiles, a Christian therapist who argued that her counseling sessions — conducted through conversation — constitute protected speech, not conduct the state can regulate.

Colorado officials had defended the law, passed in 2019, as a regulation of professional treatment, not speech — arguing the state has authority to set standards for licensed practitioners.

But the court rejected that distinction in this context, signaling that when therapy consists purely of speech, it may fall under constitutional protection.

In a sharp dissent, Justice Ketanji Brown Jackson warned the ruling could undermine longstanding medical regulations.

“The majority plays with fire in this case,” she wrote, arguing that states must retain authority to regulate what licensed professionals say in clinical settings to ensure patient safety.

The decision could have nationwide ripple effects.

Roughly two dozen states and Washington, D.C., have similar laws that may now face legal challenges.

This story is developing…

🚨 BREAKING: The US Supreme Court just ruled that Colorado Democrats’ ban on talk therapy for kids identifying as transgender is UNCONSTITUTIONAL

The 8-1 ruling is a HUGE win for America’s kids 🙏🏻

Of course, DEI Justice Jackson dissented. pic.twitter.com/wXK0DekGXt

— Nick Sortor (@nicksortor) March 31, 2026