In an 8-1 decision, the high court ruled against a law that prohibits discrediting practices on grounds of free speech.
Published March 31, 2026
The U.S. Supreme Court has ruled against a controversial Colorado law that bans the practice of “conversion therapy” on LGBTQ children. This practice is discredited and has been shown to cause serious harm to participants.
Tuesday’s ruling was 8-1, with two of the court’s three liberal justices joining six conservatives in opposing the ban.
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The court’s majority argued that restrictions on talk therapy could violate the First Amendment’s free speech protections.
“Once again, the constitutional issue is straightforward, as the state suppresses one side of the debate and supports the other,” left-leaning Justice Elena Kagan wrote in a supporting opinion.
Approximately 24 states in the United States have laws prohibiting conversion therapy, which aims to “convert” a person’s gender identity or sexual orientation to reflect heterosexual or cisgender norms.
Studies have linked this practice to increased rates of depression and suicidal thoughts among LGBTQ people.
Justice Neil Gorsuch, one of the court’s conservatives, argued that the First Amendment “provides a shield against any effort to enforce orthodoxy in thought and speech in this country.”
As a result, no state can restrict what therapists talk to patients, even if the therapist is trying to dissuade a child from identifying as LGBTQ.
Justice Ketanji Brown Jackson, a leftist, was the only dissenting vote in Tuesday’s case.
She argued that the ruling “threatens to undermine the state’s ability to regulate the provision of health care in all respects,” highlighting the dangers of conversion therapy to the health of LGBTQ youth.
Prior to Tuesday’s ruling, Christian counselor Kaylee Childs successfully argued that Colorado law prohibits her from providing voluntary faith-based talk therapy to children. Her lawsuit was supported by President Donald Trump’s administration.
Colorado, on the other hand, argued that while its law prohibits any “practice or treatment” intended to “convert” LGBTQ youth, discussion of religion, gender, and sexuality is not generally prohibited.
He also argued that talk therapy is different from other forms of language because it is a form of health care. Colorado argued that it had the ability to regulate as a result.
Colorado’s law passed in 2019 does not sanction anyone. Tuesday’s ruling is likely to make similar laws even more difficult to enforce. LGBTQ advocates decried the decision as a setback.
“This is a dangerous practice and has been condemned by every major medical association in the country,” Polly Crozier, family policy director at advocacy group GLAD Law, said in a statement.
“Today’s decision does not change the science or the fact that converted therapists who harm their patients will continue to face legal liability.”
