Justices say law restricting counseling conversations violates First Amendment protections for speech.
By yourNEWS Media Newsroom
The Supreme Court of the United States on Tuesday invalidated a Colorado law that prohibited certain counseling practices involving minors, ruling that the measure violated constitutional free speech protections.
In an 8–1 decision, the court sided with a Christian therapist who challenged the state’s restriction on what is commonly referred to as conversion therapy. According to reporting from The New York Times, the ruling affects similar laws in more than 20 states.
The majority opinion, written by Justice Neil Gorsuch, concluded that the Colorado statute impermissibly limited speech between counselors and their clients. “Colorado may regard its policy as essential to public health and safety,” Gorsuch wrote. “But the First Amendment stands as a shield against any effort to enforce orthodoxy in thought or speech in this country.”
The law, enacted in 2019, barred licensed mental health professionals from engaging in practices aimed at changing a minor’s sexual orientation or gender identity. It defined prohibited conduct as any effort to alter “gender expressions” or reduce same-sex attraction. Violations carried potential penalties of up to $5,000 per instance, along with possible suspension or revocation of a counselor’s license. The statute included an exemption for religious ministry.
The challenge was brought by Kaley Chiles, a licensed counselor who argued that the law restricted her ability to work with clients seeking guidance aligned with their personal or religious beliefs. In court filings, Chiles stated she did not aim to “cure” individuals of same-sex attraction or change their orientation, but to assist clients in pursuing goals they had identified themselves, including reducing certain behaviors or feelings.
Justice Ketanji Brown Jackson dissented, delivering a summary of her opposition from the bench. Her dissent marked the sole vote to uphold the law.
The decision is expected to have broader implications, as more than 20 states have enacted similar restrictions on counseling practices involving minors. The ruling centers specifically on whether such laws regulate professional conduct or impermissibly restrict speech, with the court determining that the Colorado statute fell into the latter category.
The case represents a significant development in the court’s ongoing interpretation of First Amendment protections as they apply to professional speech and state regulation of licensed practices.
Original article
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