The US Supreme Court ruled on Tuesday, March 31, that a law in the state of Colorado banning “conversion therapies” for LGBT+ minors violated freedom of expression, siding with a Christian counselor who challenged it.
At issue was the constitutionality of a law passed by the progressive state of Colorado in 2019, like about twenty other American states, which prohibits licensed practitioners from performing “conversion therapies” on minors.
These therapies claim to change the sexual orientation or gender identity of LGBT+ individuals to make them heterosexual, equating homosexuality with a disease or mental disorder. According to Colorado, they are not only ineffective but also harmful, leading to increased risks of “depression, anxiety, suicidal thoughts, and even suicide attempts.”
However, of the nine judges on the Court, the six conservatives and two of the three progressives sided with the plaintiff, Kaley Chiles. Citing her Christian faith, this psychologist argues that the law violates the first amendment of the American Constitution, guaranteeing freedom of expression, a position supported by the Trump administration.
“Colorado’s law banning conversion therapies not only prohibits physical interventions. In cases like this, it censors speech based on the individual’s opinion,” wrote conservative justice Neil Gorsuch in this decision on behalf of the Court majority.
“Regarding Kaley Chiles, Colorado’s law regulates the content of her expression and goes so far as to prescribe which viewpoints she can or cannot express, which constitutes discrimination based on the expressed opinion,” he emphasized. “The law allows her to express acceptance and support for clients exploring their identity or undergoing gender transition but prohibits her from saying anything that aims to change their sexual orientation or gender identity,” he continued.
“But the first amendment serves as a shield against any attempt to impose a thought or speech orthodoxy in this country. It reflects the belief that every American possesses an inalienable right to think and speak freely,” Judge Gorsuch concluded.
As a result, the Court remands the case to lower courts to revisit their unfavorable decisions to Kaley Chiles in light of this ruling.
“Pandora’s Box”
Only progressive judge Ketanji Brown Jackson expressed disagreement, reproaching her colleagues for “opening a Pandora’s box” by infringing on the states’ ability to regulate the practice of medical professions, potentially “detrimental to Americans’ health.” “The Constitution does not hinder reasonable regulation of harmful medical treatments simply because inappropriate care is provided through speech rather than surgery,” she wrote.
Kaley Chiles’ attorney from the conservative Alliance Defending Freedom (ADF), James Campbell, hailed in a statement “a significant victory for freedom of expression, common sense, and families desperately seeking help for their children.”
Upon his return to power in 2025, Donald Trump announced that authorities would only recognize two defined sexes at birth, male and female, before signing a decree ending public funding for minors’ transition treatments. In June, the Court allowed the state of Tennessee to ban transgender minors from accessing these treatments.
“Conversion therapies” are partially banned in many countries. The UN has called for a global ban on them, labeling them as discriminatory, humiliating, and a violation of individuals’ bodily integrity.
