Tipsheet

SCOTUS Rules 8-1 Against Colorado's Conversion Therapy Ban

Amy Curtis
Amy Curtis  |  March 31, 2026 11:15 AM

The Supreme Court has issued a landmark ruling in a case involving bans on conversion therapy. The 8-1 ruling in Chiles v. Salazar says Colorado's ban on talk conversion therapy likely violates free speech. This strongly signals that the law is unconstitutional as applied to talk therapy and that the lower courts therefore applied the wrong standard in reviewing it. The Supreme Court reversed and remanded for the lower courts to apply strict scrutiny to it. But this ruling did not strike down the statute.

Justice Ketanji Brown Jackson was the lone dissenting vote.

This ruling applies to talk therapy, and the ruling asserts that the ban on conversion therapy regulates speech based on viewpoint. 

Here's more:

The high court ruled 8-1 that Colorado's law, when applied to talk therapy provided by counselor Kaley Chiles, regulates speech based on viewpoint. Justice Ketanji Brown Jackson was the lone dissenter. She read her dissenting opinion from the bench.

The ruling reverses a decision from the U.S. Court of Appeals for the 10th Circuit that found the law did not violate Chiles' free-speech rights. The appeals court instead concluded that it regulates professional conduct and only incidentally burdens speech.

The decision from the high court is a narrow one and does not overturn Colorado's law outright. It requires the lower courts to apply a more stringent level of review when evaluating its constitutionality.

"Colorado's law addressing conversion therapy does not just ban physical interventions. In cases like this, it censors speech based on viewpoint," Justice Neil Gorsuch wrote for the majority. "Colorado may regard its policy as essential to public health and safety. Certainly, censorious governments throughout history have believed the same. But the First Amendment stands as a shield against any effort to enforce orthodoxy in thought or speech in this country."

Justice Kagan even fired shots at Justice Jackson's dissent.

It's clear even the Leftist Justices are fed up with Justice Jackson's nonsense.

The Colorado law was so badly applied that the majority of the Court couldn't ignore it.

That's quite the record before the Supreme Court.

Oh, the irony.