The Supreme Court ruled today, March 31, that Colorado’s ban on so-called “conversion therapy” runs afoul of the First Amendment. In Chiles v. Salazar, the Court ruled 8 to 1, stating that it ran afoul of free speech laws by only allowing some viewpoints but not others.
In 2019, Colorado banned what has been widely termed “conversion therapy,” and that conversations that focused on changing sexuality were not permitted. Chiles, a Christian therapist, argued that conversations with her young clients were a form of protected speech.
Justice Neil Gorsuch, who wrote the opinion, pointed out that the case before the Court was a “narrow” one, and that:
“The First Amendment stands as a shield against any effort to enforce orthodoxy in thought or speech in this country… It reflects instead a judgment that every American possesses an inalienable right to think and speak freely, and a faith in the free marketplace of ideas as the best means for discovering truth. However well-intentioned, any law that suppresses speech based on viewpoint represents an ‘egregious’ assault on both of those commitments.”
The lone dissent on the panel came from Justice Ketanji Jackson. “Before now, licensed medical professionals had to adhere to standards when treating patients: They could neither do nor say whatever they want,” Jackson wrote.
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