US Supreme Court decision in Chiles vs Salazar, regarding conversion therapy to minors.

Justia Summary

A licensed mental health counselor in Colorado, who provides talk therapy to clients—including minors—challenged a state law that prohibits licensed counselors from engaging in “conversion therapy” with minors. The law defines conversion therapy broadly to include any practice or treatment that attempts to change an individual’s sexual orientation or gender identity, including efforts to alter behaviors, expressions, or attractions. However, the law permits counselors to support clients exploring their identity or undergoing gender transition. The counselor’s practice involves helping clients pursue their own stated goals, which may include support for changes in sexual orientation or gender identity, but she only utilizes talk therapy and does not engage in any physical interventions.

The United States District Court for the District of Colorado first reviewed the case. That court, and later the United States Court of Appeals for the Tenth Circuit, concluded that the counselor had standing to bring a pre-enforcement, as-applied First Amendment challenge to the law. Both courts interpreted the law as prohibiting her from using speech to help clients change their sexual orientation or gender identity. Nevertheless, both courts denied her request for a preliminary injunction, reasoning that the law regulates professional conduct, not speech, and any effect on speech is merely incidental. Applying rational-basis review, they found the law constitutionally permissible.

The Supreme Court of the United States granted review to resolve a circuit split. The Supreme Court held that, as applied to the counselor’s talk therapy, the Colorado law regulates speech based on viewpoint, not merely conduct, and that the lower courts erred by applying only rational-basis scrutiny. The Supreme Court ruled that the law is subject to strict scrutiny under the First Amendment and reversed the Tenth Circuit’s decision, remanding the case for further proceedings consistent with its opinion.



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