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Supreme Court rules against Colorado conversion therapy ban on First Amendment grounds
Summary
The Supreme Court ruled 8-1 that Colorado's ban on conversion therapy for minors violates the First Amendment in a case brought by therapist Kaley Chiles; the decision directs lower courts to apply stricter free-speech review and could affect similar laws in more than 20 states.
Content
The Supreme Court on Tuesday ruled 8-1 that Colorado's law banning conversion therapy for minors, as applied to a counselor's talk therapy, violated the First Amendment in a case brought by therapist Kaley Chiles. Justice Neil Gorsuch wrote for the majority that the law regulates speech based on viewpoint and requires closer judicial scrutiny. Justice Ketanji Brown Jackson was the sole dissenter.
Key facts:
- The court's decision was 8-1 in favor of therapist Kaley Chiles.
- The majority concluded Colorado's 2019 law, which restricts licensed therapists from providing conversion therapy to minors, regulates speech rather than professional conduct.
- The Supreme Court reversed the lower-court ruling and instructed that a more stringent First Amendment review apply.
- More than 20 states have enacted similar restrictions, so the ruling could have effects beyond Colorado.
Summary:
The ruling found the Colorado measure unconstitutional as applied to the therapist's speech and sent the case back for further review under stricter free-speech standards. Lower courts will now reassess the law under the heightened First Amendment scrutiny required by the Supreme Court. The broader consequences for comparable state laws are undetermined at this time.
