Supreme Court signals Colorado conversion therapy ban may violate First Amendment, sending case back to lower courts

The U.S. Supreme Court has ruled that Colorado’s law banning conversion therapy for gay and transgender minors likely violates the First Amendment, a decision that could reshape similar laws across the country.

In an 8-1 decision, the court did not strike down the law outright but instead sent the case back to a lower court for further review under a stricter legal standard. That shift significantly increases the likelihood that Colorado’s law — and others like it — could ultimately be invalidated.

At the center of the case is whether therapy should be treated as regulated medical care or protected speech. Writing for the majority, Justice Neil Gorsuch emphasized that the First Amendment protects the right to express ideas freely, even when those ideas are controversial.

Colorado enacted the law in 2019 to protect minors from conversion therapy, a practice widely rejected by major medical organizations. Supporters of the ban argue it prevents harm to vulnerable youth, while opponents say it restricts counselors’ ability to speak freely with clients.

The ruling drew an unusual coalition, with Justices Elena Kagan and Sonia Sotomayor joining the majority. Kagan noted the law may be unconstitutional because it regulates one viewpoint while allowing another, raising concerns about fairness in free speech protections.

Justice Ketanji Brown Jackson issued a strong dissent, warning the decision could weaken states’ ability to regulate harmful medical practices. She argued the ruling could open the door for broader challenges to professional standards in healthcare.

The court’s decision means lower courts must now apply “strict scrutiny,” the highest level of judicial review, when reconsidering the law. Legal experts say laws rarely survive that level of scrutiny.

The ruling marks another significant moment in a series of recent Supreme Court decisions impacting LGBTQ rights, with additional cases expected later this year.

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