Supreme Court Allows Conversion Therapy for Minors in Free Speech Ruling

The 8-1 decision places the First Amendment above state public health mandates, potentially destabilizing similar bans in 23 other states.

Apr. 1, 2026 at 8:36am

Got story updates? Submit your updates here. ›

In a sharp rebuke to state regulatory authority, the Supreme Court ruled that laws banning conversion therapy for minors may violate the free speech rights of licensed counselors. The decision places the First Amendment above state public health mandates in this specific context, potentially destabilizing similar prohibitions in California and 23 other states that have moved to protect LGBTQ+ youth.

Why it matters

The ruling exposes a deep fissure in how the court balances medical regulation against expressive rights, potentially undermining state efforts to protect vulnerable youth from discredited and harmful therapeutic practices.

The details

The case centered on Kaley Chiles, a licensed counselor in Colorado Springs who sued after Colorado passed measures prohibiting treatments aimed at changing a teenager's sexual orientation or gender identity. Chiles argued the law prevented her from helping teens work through feelings about their attractions consistent with her Christian faith. The court found that because the law restricted speech based on its content—specifically conversations aimed at changing sexual orientation—it amounted to unconstitutional censorship.

  • The Supreme Court ruled on the case on April 1, 2026.
  • In June 2025, the justices upheld laws in Tennessee and 24 other states prohibiting puberty blockers for minors.

The players

Kaley Chiles

A licensed counselor in Colorado Springs who sued after Colorado passed measures prohibiting treatments aimed at changing a teenager's sexual orientation or gender identity.

Justice Neil M. Gorsuch

Wrote the majority opinion, framing the issue as a matter of viewpoint discrimination.

Justice Ketanji Brown Jackson

Stood alone in dissent, arguing that the majority had conflated professional conduct with expressive speech.

Colorado

Passed measures prohibiting treatments aimed at changing a teenager's sexual orientation or gender identity, which Chiles challenged.

The Trevor Project

A civil rights organization that called the decision a 'tragic step backward' that puts young lives at risk.

Got photos? Submit your photos here. ›

What they’re saying

“Colorado may regard its policy as essential to public health and safety, but the 1st Amendment stands as a shield against any effort to enforce orthodoxy in thought or speech in this country.”

— Justice Neil M. Gorsuch, Writing for the majority

“These efforts, no matter what proponents call them, no matter what any court says, are still proven to cause lasting psychological harm.”

— Jaymes Black, Chief Executive, The Trevor Project

“Americans should not have professional speech censored simply because the government disfavors the viewpoint.”

— Kelly Shackelford, President, First Liberty Institute

What’s next

The ruling invites immediate challenges in the 23 other states with similar bans on conversion therapy. While the decision specifically addressed Colorado's statute, the reasoning regarding viewpoint discrimination could provide a blueprint for licensed providers elsewhere to seek exemptions.

The takeaway

This decision creates an inconsistent standard where the state's authority to protect minors fluctuates based on the type of intervention, raising concerns about the court's ability to balance medical regulation and expressive rights when it comes to vulnerable youth.