Supreme Court Rules Conversion Therapy Ban Violates First Amendment

Supreme Court Overturns Conversion Therapy Ban

The U.S. Supreme Court ruled 8-1 on March 31, 2026, that Colorado’s ban on licensed therapists using talk-based conversion therapy on minors violates the First Amendment. The decision in Chiles v. Salazar overturned a prior ruling that upheld the law, with Justice Neil Gorsuch writing that the statute constitutes viewpoint-based censorship. The Court emphasized the law’s ‘egregious’ infringement on free speech by restricting speech based on content rather than conduct.

Legal Framework and Rationale

“textbook example of viewpoint discrimination”

The majority distinguished between speech and conduct, arguing that even if therapists describe their work as treatment, the state cannot regulate therapeutic communication. Justice Elena Kagan joined the majority, calling Chiles’ case a textbook example of viewpoint discrimination. The ruling directs the case back for review under strict scrutiny, requiring the government to prove a compelling interest in limiting speech.

Implications for State Regulation

The decision reclassifies talk therapy as protected speech, potentially challenging bans on therapies deemed harmful, such as those targeting LGBTQ+ youth. As of March 30, 2026, 2,3 states and the District of Columbia had similar conversion therapy bans, but the ruling may prompt legal challenges to these laws. States must now justify restrictions without violating free speech protections.

“a ‘dangerous precedent’”