The legal landscape for gender identity and sexual orientation counseling shifted Tuesday as the Supreme Court delivered an 8-1 blow to Colorado’s “conversion therapy” ban. In Chiles v. Salazar, the Court ruled that the state’s restrictions unconstitutionally targeted the viewpoint of Christian counselor Kaley Chiles, a decision that solidifies recent lower-court victories for counselors in states like Florida.
With 23 states and the District of Columbia currently enforcing similar bans, the ruling has sent local governments into a tactical retreat. Officials in these jurisdictions are now weighing whether to “tweak” existing statutes or introduce entirely new avenues for litigation to bypass the High Court’s free speech protections.
Writing for the majority, Justice Neil Gorsuch rejected the state’s argument that “talk therapy” could be regulated as professional conduct rather than speech.
“The First Amendment stands as a shield against any effort to enforce orthodoxy in thought or speech in this country,” Gorsuch wrote. “It reflects instead a judgment that every American possesses an inalienable right to think and speak freely.”
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The decision aligns the High Court with the Sixth and Eleventh Circuit Courts of Appeals, which previously found that talk therapy is protected speech when they struck down similar bans in Michigan and a Florida county.
In Maryland, Governor Wes Moore confirmed his administration is reviewing the decision to “determine the full implications for Maryland law and any appropriate next steps.” Jeremy Browning, director of the Maryland Commission on LGBTQIA+ Affairs, acknowledged that while their law stands for now, it is significantly “more vulnerable to legal challenges.”
Vermont’s Attorney General Charity Clark took a similar stance, suggesting she would coordinate with lawmakers on legislative adjustments. “I think it’s probably going to be more of a tweak than an overhaul,” Clark told Vermont Public, noting her intent to protect the state’s current framework from the ripple effects of the Chiles decision.
While some states look to adjust their statutes, others are pivoting toward civil litigation as a workaround. On Wednesday, Colorado lawmakers advanced a bill allowing patients to sue for damages resulting from counseling, effectively creating a malpractice-style path to the courtroom.
“It can take years for an individual to realize that the trauma of conversion therapy has caused anxiety, depression or other long-term health impacts,” said Colorado State Representative Karen McCormick. She argued the new legislation is necessary to close the gap between when counseling occurs and when a claim is filed.
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In California, State Senator Scott Wiener has proposed a similar measure. “In light of the Supreme Court’s horrific ruling… we must create new strategies to protect LGBTQ youth,” Wiener stated. He emphasized that medical associations generally view attempts to change sexual orientation as harmful, leading to “profound feelings of shame and trauma.”
Legal experts, however, suggest these “new strategies” may still face an uphill battle. Jim Campbell, chief legal counsel at Alliance Defending Freedom, noted that the Supreme Court’s requirement for “heightened scrutiny” will now apply to every similar law nationwide.
“The one thing we know is that whenever a court has applied that kind of heightened scrutiny to one of these laws, it has struck it down,” Campbell said. He predicted the decision would ultimately render such bans unconstitutional whenever they are applied to voluntary conversations.
The battle now moves from the Supreme Court back to the statehouses, as legislators decide whether to reform their bans or wait for the next wave of lawsuits already gaining momentum in the wake of the Michigan and Florida precedents.
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