In 2019, Colorado adopted a law prohibiting conversion therapy for minors. It defined the controversial term as any practice or treatment attempting “to change an individual’s sexual orientation or gender identity.” But a talk therapist from the state, Kasey Chiles, said the law inhibited her right to free speech in her practice—and as of a ruling on Tuesday, March 31, the Supreme Court voted overwhelmingly in her favor.
The Supreme Court decided 8-1 to strike down Colorado’s ban on conversion therapy for minors, setting a precedent that could undermine similar laws in 23 states and the District of Columbia. Writing for the majority, Justice Neil M. Gorsuch justified the decision via the First Amendment.
“Colorado may regard its policy as essential to public health and safety,” Gorsuch wrote. “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.”
“Every American possesses an inalienable right to think and speak freely, and a faith in the free marketplace of ideas as the best means for discovering truth,” the opinion continued. “However well intentioned, any law that suppresses speech based on viewpoint represents an ‘egregious’ assault on both of those commitments.”
Crossing ideological lines
Though the Supreme Court currently has a conservative majority, the 8-1 outcome reflects an unprecedented move by liberal justices Elena Kagan and Sonia Sotomayor, who sided with that majority. Only one justice, Ketanji Brown Jackson, dissented, warning that “the fallout could be catastrophic” for medical care in America.
“Before now, licensed medical professionals had to adhere to standards when treating patients: They could neither do nor say whatever they want,” Brown wrote in her dissension. “The Constitution does not pose a barrier to reasonable regulation of harmful medical treatments just because substandard care comes via speech instead of scalpel.”
Indeed, conversion therapy has proven time and time again to be markedly harmful to queer people, not just anecdotally, but by leading medical researchers. The American Psychological Association recognizes that undergoing conversion therapy is linked to myriad mental health issues, including depression, anxiety, suicidal thoughts and behaviors, substance abuse, and post-traumatic stress.
