SCOTUS Decision Allows ‘Conversion Therapy’ Practices on Children
Gripping SCOTUS ruling shields therapists’ conversion-talk with minors as protected speech, but the constitutional fallout for state bans is only beginning.
Although Colorado framed its 2019 law as a regulation of professional conduct, the Supreme Court held in Chiles v. Salazar that the statute couldn’t be enforced against licensed therapists engaged in purely talk-based counseling with minors. The June 2026 decision treated the disputed practice as speech, not conduct, and consequently placed it within the Primary Amendment’s core protections. Writing from a precedent-focused perspective, the majority rejected the 10th Circuit’s deferential approach and instructed lower courts to apply strict scrutiny whenever a state restricts counselors’ words alone. That doctrinal shift matters because it recasts professional licensing rules as content-based burdens on speech when therapy consists only of conversation.
The Court’s reasoning, backed by six conservative justices, will likely unsettle more than twenty state laws that prohibit efforts to change a minor’s sexual orientation or gender identity. Under strict scrutiny, states must now show a compelling interest and narrow tailoring, a far more demanding test than rational-basis review. The opinion didn’t disable all regulation. It left room for states to bar non-speech methods, including aversive or physical techniques, and it suggested that those measures raise different constitutional questions. Even so, the holding sharply limits states’ ability to prohibit conversion-focused talk therapy through blanket bans.
That result carries immediate consequences for Youth Mental health policy. Major medical organizations, including the AMA, APA, and AAP, have warned that conversion efforts correlate with increased depression and suicide attempts among young people. Yet the Court treated those concerns as insufficient to avoid full Primary Amendment scrutiny when the state targets words spoken by licensed professionals. As a matter of constitutional doctrine, Chiles strengthens speech protections in therapeutic settings while weakening states’ authority to shield minors from conversion-oriented counseling.
Profile Author / Editor / Publisher
- Dora Kay Saparow came out in a conservative Nebraskan town where she faced both misunderstanding and acceptance during her transition. Seeking specialized support, she moved to a big city, where she could access the medical, legal, and social resources necessary for her journey. Now, thirteen years later, Dora is fully transitioned, happily married, and well-integrated into society. Her story underscores the importance of time, resources, and community support, offering hope and encouragement to others pursuing their authentic selves.
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