High court says states cannot restrict therapists’ speech on conversion therapy

The Supreme Court’s 8–1 judgment in Chiles v. Salazar narrows how states can outlaw conversion therapy, protecting certain professional speech while preserving authority over medical interventions

The United States Supreme Court issued an 8–1 opinion on 31 March that constrains the way states may ban conversion therapy for minors by targeting what licensed professionals can discuss during sessions. Writing for the majority, Justice Neil Gorsuch emphasized the protective reach of the First Amendment, concluding that licensing rules cannot be used to compel a single set of beliefs or to proscribe particular lines of therapeutic conversation. The case at the center of the decision, Chiles v. Salazar, was brought by Colorado therapist Kaley Chiles, and challenged a Colorado law enacted to prohibit licensed providers from engaging in practices intended to change a minor’s sexual orientation or gender identity.

This ruling specifically addresses talk therapy and the regulation of speech between therapist and client, leaving intact state authority over regulated medical procedures. In other words, states retain the power to restrict access to medical interventions such as hormone treatments and surgeries for minors. The decision follows other recent high court rulings that have affected youth access to gender-affirming care and classroom instruction, creating a shifting legal landscape for LGBTQ+ health and civil rights policy.

Legal holding and constitutional reasoning

The majority opinion framed the issue as one of free expression: the government cannot enforce an orthodoxy of thought among licensed professionals by using licensing regimes to police client conversations. The Court characterized the Colorado restriction as an impermissible regulation of speech because it attempted to control the content of clinician-client dialogue. The ruling therefore shields certain professional speech about sexual orientation under the umbrella of the First Amendment while signaling that not all professional conduct is immune. The Court made a distinction between conversational counseling and tangible medical acts, preserving states’ ability to regulate physical treatments.

Scope and limits of the decision

Although the opinion prevents states from forbidding particular therapeutic topics through licensing rules, it does not provide carte blanche for all conduct by clinicians. The decision is narrow in scope: civil remedies such as malpractice claims and consumer-protection suits remain available, and state licensing boards retain authority to discipline unethical or harmful practice under existing professional standards. Organizations and legal advocates stressed that the ruling targets the form of regulation rather than declaring the safety or efficacy of conversion therapy. In practice, this means providers may still face legal consequences under other theories if they cause harm.

Case background and public response

Colorado passed a law in 2019 banning licensed mental health professionals from offering services intended to change a minor’s sexual orientation or gender identity. Kaley Chiles, a counselor who identifies as a Christian, challenged the statute, arguing that her desire to discuss identity and attraction with minor clients is protected speech. Her case was supported by conservative legal groups and drew backing from the federal administration. The lone dissent, written by Justice Ketanji Brown Jackson, warned that the ruling could undermine states’ ability to regulate medical and therapeutic care for vulnerable patients.

Statistics and advocacy reactions

Advocacy groups and mental health organizations highlighted the risks associated with conversion therapy. Research estimates from the Williams Institute indicate hundreds of thousands of people experienced these practices, including many during adolescence. Public polling has shown majority opposition to conversion therapy for minors, and professional associations have long warned of the psychological harm linked to these interventions. In response to the decision, LGBTQ+ advocates expressed alarm, while civil liberties proponents hailed the expansion of speech protections for therapists.

Implications and next steps

The ruling recalibrates how states can craft protective measures for young people. Lawmakers and regulators who aim to limit harmful counseling practices must now consider alternative legal tools—such as consumer-protection statutes, licensing ethics rules carefully tailored to conduct rather than content, and civil liability pathways—to shield minors. Legal challenges and legislative responses are likely to follow as states test boundaries between permissible regulation of professional conduct and constitutionally protected speech. For clinicians, patients, and policymakers, the decision raises urgent questions about how to balance free expression with duty-of-care obligations.

Ultimately, the Supreme Court’s decision in Chiles v. Salazar reshapes the debate over regulation of therapeutic speech without eliminating avenues for accountability. The narrow holding leaves multiple legal mechanisms intact to address harm, but it also requires advocates and regulators to rethink the strategies they use to protect youth from practices considered damaging by many health experts.

Scritto da Lorenzo De Luca

Poppers today: trends in packaging, composition and consumption

Why pop divas matter to the LGBTQIA+ community