The U.S. Supreme Court’s conservative majority signaled Tuesday that it may strike down Colorado’s ban on conversion therapy for minors, in a case that could have wide-ranging implications for how states regulate counseling on sexual orientation and gender identity.
During oral arguments in Chiles v. Salazar, several justices questioned whether the state can restrict what licensed counselors say to their clients, with Chief Justice John Roberts noting, “Just because they’re engaged in conduct doesn’t mean that their words aren’t protected,” according to CNN.
The case centers on Kaley Chiles, a licensed professional counselor in Colorado who provides what she calls “faith-informed counseling.” Chiles argues that the state’s 2019 law violates her First Amendment rights because her therapy sessions consist of “speech only.” She says her clients voluntarily seek her help to “become comfortable and at peace” with their bodies.
Colorado officials maintain that the law targets harmful medical practices, not protected speech. The statute prohibits licensed professionals from engaging in therapy that “seeks to change an individual’s sexual orientation or gender identity.” It does not apply to clergy or unlicensed religious counseling.
According to The New York Times, Colorado is one of roughly two dozen states that have banned conversion therapy for minors. These bans generally prohibit counseling aimed at changing a person’s sexual orientation or gender identity, following research by professional organizations such as the American Psychological Association, which found in 2009 that such practices can lead to “depression, suicidal ideation, self-blame, guilt, and loss of hope.”
Supporters of the Colorado law argue that it protects minors from psychological harm. Critics, including Chiles and several religious groups, say the ban unlawfully restricts counselors who help clients align their feelings with their religious or personal convictions.
The debate has drawn renewed attention as national discussions have shifted from same-sex attraction to gender identity. Some advocates argue that the law could limit “exploratory therapy,” a form of talk therapy that allows clients to discuss discomfort with gender without being directed toward transition. Others argue that permitting such therapy risks reintroducing practices similar to conversion therapy.
The case also comes amid broader federal and state policy changes concerning treatment for transgender youth. In recent years, several states have restricted access to puberty blockers and hormone therapies, while others have expanded legal protections for gender-affirming care.
A ruling against Colorado could invalidate similar bans nationwide and redefine how far states may go in regulating counseling practices. A decision is expected by June 2026.
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