Therapies claim to change the sexual orientation or gender identity of LGBT+ individuals to make them heterosexual and cisgender, equating homosexuality with a disease or mental disorder. The US Supreme Court ruled on Tuesday that a Colorado state law banning conversion therapies for LGBT+ minors violates freedom of expression, siding with a Christian counselor contesting it. The legality of a law adopted by progressive Colorado in 2019, like around twenty other American states, banning licensed practitioners from practicing conversion therapies on minors, was at issue.
These therapies aim to change the sexual orientation or gender identity of LGBT+ individuals to make them heterosexual and cisgender, labeling homosexuality as a mental disorder. According to Colorado, they are not only ineffective but also harmful, leading to increased risks of depression, anxiety, suicidal thoughts, and suicide attempts. However, out of nine Court judges, six conservatives and two of the three progressives sided with the plaintiff, Kaley Chiles.
Citing her Christian faith, this psychologist claims that the law violates the First Amendment of the US Constitution, which guarantees freedom of expression, a position supported by the Trump administration. “The Colorado law banning conversion therapies not only prohibits physical interventions. In cases like this, it censors discourse based on the person’s opinion,” wrote conservative justice Neil Gorsuch in the decision on behalf of the Court majority.
“The law allows her to express acceptance and support for clients exploring their identity or undergoing gender transition but prohibits her from saying anything that aims to change their sexual orientation or gender identity,” he continued. “But the First Amendment serves as a shield against any attempt to impose orthodox thinking or speech in this country. It reflects the belief that every American has an inalienable right to think and speak freely,” concluded Justice Gorsuch. As a result, the Court is referring the case back to lower courts to review their decisions unfavourable to Kaley Chiles in light of this ruling.
Only progressive judge Ketanji Brown Jackson expressed dissent, accusing her colleagues of “opening Pandora’s box” by undermining the states’ ability to regulate the practice of medical professions, potentially “to the detriment of Americans’ health.” “The Constitution does not preclude the reasonable regulation of harmful medical treatments simply because inappropriate care is provided through speech rather than a scalpel,” she wrote.
The attorney for Kaley Chiles, from the very conservative Alliance Defending Freedom (ADF), James Campbell, hailed in a statement “a significant victory for freedom of expression, common sense, and families seeking desperate help for their children.” Since returning to power in 2025, Donald Trump announced that authorities would only recognize “two sexes” defined at birth, male and female, before signing a decree ending public aid for minors’ transition treatments.
In June, the Court allowed the state of Tennessee to prohibit transgender minors from accessing these treatments. Conversion therapies are partially banned in many countries, with support from health organizations such as the American Psychological Association, the American Medical Association, or the Royal College of Psychiatrists in Britain. The UN has called for a global ban on such therapies, labeling them discriminatory, humiliating, and a violation of individuals’ bodily integrity.
