Colorado Lawmakers Respond to SCOTUS Decision With New Conversion Therapy Measure


Colorado lawmakers gave final approval to House Bill 26-1322, a measure that would redefine and prohibit “sexual orientation or gender identity change efforts” by licensed mental-health professionals while permitting supportive exploration, remove the statute of limitations for related civil claims, and allow suits against entities that employed or supervised providers who performed conversion therapy.
The proposal, sponsored by Sen. Lisa Cutter and Democrats including Rep. Karen McCormick, now goes to Gov. Jared Polis. Its core change lies in legal definitions that distinguish exploratory, client-led care from practices designed to steer patients toward a predetermined outcome.
That framework aims to tighten professional accountability through licensing standards and civil exposure rather than criminal sanctions.
Supporters described the bill as a procedural response to the U.S. Supreme Court’s Chiles v. Salazar ruling, which raised constitutional problems for speech-based regulation. Instead of policing what therapists say in isolation, the measure targets substandard professional conduct within licensed practice.
In that way, lawmakers sought to preserve patient protections while aligning enforcement with conduct-based regulation.
The bill applies to licensed mental-health providers, not clergy or other religious leaders. It doesn’t create criminal penalties, and it doesn’t establish a new standalone cause of action.
Rather, it removes time limits for civil claims against providers who performed conversion therapy and extends possible liability to entities that hired, employed, or supervised them. That structure broadens oversight without changing the basic civil framework.
Advocates compared the statute-of-limitations change to earlier Colorado reforms involving child sexual-assault claims, arguing that delayed reporting often reflects the nature of trauma.
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