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In reply to the discussion: US Supreme Court rejects Colorado's ban on LGBT 'conversion' talk therapy [View all]LetMyPeopleVote
(180,275 posts)22. Deadline Legal Blog-Supreme Court sides with Christian counselor over Colorado on 'conversion therapy' for minors
Medical groups warned that efforts to change sexual orientation and gender identity are illegitimate, ineffective and can be especially harmful to minors.
Deadline: Legal Blog - Supreme Court sides with Christian counselor over Colorado on âconversion therapyâ for minors
— Lola Gayle (@lolagaylec.bsky.social) 2026-03-31T15:45:12.868Z
Medical groups warned that efforts to change sexual orientation and gender identity are illegitimate, ineffective and can be especially harmful to minors.
https://www.ms.now/deadline-white-house/deadline-legal-blog/supreme-court-conversion-therapy-colorado
The Supreme Court on Tuesday sided with a Christian counselor over Colorado in her challenge to the states ban on so-called conversion therapy for minors.
In an 8-1 ruling by Justice Neil Gorsuch, the court said that the states law, as applied to talk therapy provided by the counselor, Kaley Chiles, conflicts with First Amendment principles because it regulates speech based on viewpoint. Gorsuch wrote that the amendment stands as a shield against any effort to enforce orthodoxy in thought or speech in this country.
About half the states in the country have banned or restricted the practice that aims to change a childs sexual orientation or gender identity.....
Focusing in on Chiles claim, Gorsuch called the question before the court a narrow one. Ms. Chiles does not question that Colorados law banning conversion therapy has some constitutionally sound applications, the Trump appointee wrote. He noted that she doesnt take issue with the states effort to prohibit physical interventions, but rather, she only provides talk therapy.
The problem, she argued, is that because the states law strikes at the heart of First Amendment speech protections, the lower courts didnt provide rigorous enough scrutiny against the state in her legal challenge. ....
Upholding the district courts ruling against Chiles, a divided appellate panel said the law only incidentally involves speech because counseling necessarily involves speech, but that the state isnt restricting her constitutional expression.
In other words, Ms. Chiless First Amendment right to freedom of speech is implicated under the MCTL [Minor Conversion Therapy Law], but it is not abridged, the panel majority said, over dissent from a judge who said the majoritys wordplay in distinguishing speech from conduct posed a serious threat to free speech.
The panel majority noted that Chiles remained free to share her views on conversion therapy, sexual orientation and gender identity; that she can criticize Colorado for restricting her administration of conversion therapy; that she can refer clients to other service providers, like religious ministers; and that she can provide conversion therapy to adult clients.
In an 8-1 ruling by Justice Neil Gorsuch, the court said that the states law, as applied to talk therapy provided by the counselor, Kaley Chiles, conflicts with First Amendment principles because it regulates speech based on viewpoint. Gorsuch wrote that the amendment stands as a shield against any effort to enforce orthodoxy in thought or speech in this country.
About half the states in the country have banned or restricted the practice that aims to change a childs sexual orientation or gender identity.....
Focusing in on Chiles claim, Gorsuch called the question before the court a narrow one. Ms. Chiles does not question that Colorados law banning conversion therapy has some constitutionally sound applications, the Trump appointee wrote. He noted that she doesnt take issue with the states effort to prohibit physical interventions, but rather, she only provides talk therapy.
The problem, she argued, is that because the states law strikes at the heart of First Amendment speech protections, the lower courts didnt provide rigorous enough scrutiny against the state in her legal challenge. ....
Upholding the district courts ruling against Chiles, a divided appellate panel said the law only incidentally involves speech because counseling necessarily involves speech, but that the state isnt restricting her constitutional expression.
In other words, Ms. Chiless First Amendment right to freedom of speech is implicated under the MCTL [Minor Conversion Therapy Law], but it is not abridged, the panel majority said, over dissent from a judge who said the majoritys wordplay in distinguishing speech from conduct posed a serious threat to free speech.
The panel majority noted that Chiles remained free to share her views on conversion therapy, sexual orientation and gender identity; that she can criticize Colorado for restricting her administration of conversion therapy; that she can refer clients to other service providers, like religious ministers; and that she can provide conversion therapy to adult clients.
I feel a little better. Talk therapy is not the same as the torture methods used in many forms of conversion therapy. Other forms of conversion therapy are still illegal.
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US Supreme Court rejects Colorado's ban on LGBT 'conversion' talk therapy [View all]
yankee87
Mar 31
OP
Deadline Legal Blog-Supreme Court sides with Christian counselor over Colorado on 'conversion therapy' for minors
LetMyPeopleVote
Mar 31
#22
I am EXTREMELY disappointed that Justices Kagan and Sotomayor went along with this . . .
markpkessinger
Apr 1
#29