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 is the constitutionality of a law passed by progressive Colorado which, like around twenty other American states, prohibits licensed practitioners from conducting “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, posing increased risks of “depression, anxiety, suicidal thoughts, and even suicide attempts.”
However, of the nine Supreme Court justices, 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 US 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.
“Concerning Kaley Chiles, Colorado’s law regulates the content of her expression and even prescribes which viewpoints she can or cannot express, constituting 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. On the contrary, it reflects the belief that every American has an inalienable right to think and speak freely,” Judge Gorsuch concluded.
As a result, the Court is sending the case back to lower courts to review their unfavorable decisions for Kaley Chiles in light of this ruling.
“Pandora’s Box“
The only progressive judge, Ketanji Brown Jackson, expressed her disagreement, accusing her colleagues of “opening a Pandora’s box” by undermining the states’ ability to regulate the practice of medical professions, which could potentially “harm the health of Americans.” “The Constitution does not preclude the reasonable regulation of harmful medical treatments simply because inappropriate care is provided through speech rather than surgery,” she wrote.
Kaley Chiles’ attorney from the very conservative Alliance Defending Freedom (ADF), James Campbell, praised 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 sexes defined at birth, male and female, before signing a decree ending public aid for minors’ transition treatments. In June, the Court allowed Tennessee to ban transgender minors from accessing these treatments.
“Conversion therapies” are partially banned in many countries. The UN has called for their global ban, describing them as discriminatory, humiliating, and a violation of individuals’ bodily integrity.
