Free Speech

The Supreme Court heard arguments on Tuesday about a law banning conversion therapy for minors, with conservative justices suggesting the ban violates free speech rights.

Context

Colorado passed its law in 2019, joining more than two dozen states that restrict licensed therapists from attempting to change a minor’s sexual orientation or gender identity.

The practice, once associated with techniques like shock therapy, has been condemned by major medical organizations, including the American Medical Association and American Psychiatric Association. Studies have linked conversion therapy to increased rates of depression and suicide among LGBTQ youth.

Constitutional Challenge

On Tuesday, Supreme Court justices heard arguments from a Christian counselor who challenged Colorado’s ban, arguing it prevents her from offering faith-based counseling to young patients who seek help aligning their feelings with their religious beliefs.

The counselor’s attorneys argued the law discriminates by allowing therapists to affirm LGBTQ identities while prohibiting counseling that might help patients change unwanted feelings or behaviors. The Trump Administration backed the counselor, with Justice Department lawyers arguing the law raises First Amendment concerns.

Justice Reactions

Justice Samuel Alito called the law “blatant viewpoint discrimination,” noting it allows therapists to help patients accept being gay but bars helping those who want to change their attractions. Even Justice Elena Kagan, typically part of the court’s liberal wing, expressed concern about potential viewpoint discrimination in how the law operates.

Justice Ketanji Brown Jackson appeared more receptive to Colorado’s arguments, comparing the conversion therapy ban to the court’s recent decision allowing states to ban gender-affirming care for minors. She questioned why the court would grant states discretion to regulate medical practice in one context but not another, saying, “It just seems odd that we might have a different result.”

State Defends Regulation

Colorado’s solicitor general argued the state is regulating medical treatment, not speech, to protect minors from harmful and ineffective practices.

She told justices that despite 100 years of attempts, no studies have shown conversion therapy works, while research has documented serious harms, including doubled suicide attempt rates. The state maintains it can regulate healthcare practices that fall below professional standards, just as it would ban other discredited medical treatments.

A decision is expected by next summer.