Vermont law now bans conversion therapy 

By Guy Page 

The U.S. Supreme Court ruled Tuesday that a Colorado law restricting how licensed counselors may speak with minors about sexual orientation and gender identity violates the First Amendment, siding with a therapist who challenged the statute.

Vermont law, passed in 2015, bans conversion therapy. 

In a decision issued March 31 in Chiles v. Salazar, the Court held that Colorado’s ban on certain forms of “conversion therapy,” as applied to talk therapy, unlawfully restricts speech based on viewpoint.

The case was brought by Kaley Chiles, a licensed counselor who argued that the law prevented her from engaging in voluntary conversations with clients seeking to change aspects of their sexual orientation or gender identity.

Majority: Law targets speech, not just conduct

Writing for the Court, Neil Gorsuch said the Colorado statute goes beyond regulating medical treatment and instead dictates what counselors may say in sessions with patients.

The law allows therapists to affirm a client’s identity but prohibits speech aimed at helping a client change it — a distinction the Court said amounts to viewpoint discrimination.

“However well-intentioned,” laws that suppress speech based on viewpoint are an “egregious” violation of the First Amendment, the Court wrote.

The ruling reverses a lower court decision that had upheld the law under a more deferential standard, finding instead that restrictions on talk therapy must face heightened constitutional scrutiny.

Case centered on “conversion therapy” ban

Colorado enacted the law in 2019, prohibiting licensed counselors from engaging in practices aimed at changing a minor’s sexual orientation or gender identity. 

The statute defines conversion therapy broadly, including efforts to “change behaviors or gender expressions” or reduce same-sex attraction, while permitting supportive or identity-affirming counseling.