Supreme Court ruling on Colorado conversion therapy case is not a clear win for conservatives

[marmar]

Supreme Court ruling on Colorado conversion therapy case is not a clear win for conservatives
Published: April 3, 2026 8:44am EDT

Kevin Cope
Professor of Law, University of Virginia


(The Conversation) In an 8-1 decision authored by Justice Neil Gorsuch, the Supreme Court held on March 31, 2026, that a Colorado law prohibiting licensed counselors from performing “conversion therapy” on minors was likely unconstitutional as applied to talk therapy. Justice Elena Kagan filed a separate concurrence, joined by Justice Sonia Sotomayor. Justice Ketanji Brown Jackson dissented.

I am a law professor and political scientist who teaches and writes on free expression and discrimination. I see this holding as a potentially important decision at the intersection of free speech and health care.

Colorado’s law defines conversion therapy broadly. It bans practices that attempt not only to “change an individual’s sexual orientation or gender identity” but also to reduce same-sex attraction. The law allows therapists to provide “acceptance, support, and understanding” of gay or transgender identity. However, they may not help a client suppress those identities. Penalties include fines, probation and loss of license.

....(snip)....

Jackson’s dissent: Medical treatment, not speech

Jackson’s solo dissent emphasizes that states have long enjoyed broad power to regulate how licensed medical professionals treat patients. To Jackson, the First Amendment should not interfere simply because a treatment is applied through words rather than instruments. ......................(more)

https://theconversation.com/supreme-court-ruling-on-colorado-conversion-therapy-case-is-not-a-clear-win-for-conservatives-279820

[Fiendish Thingy]

1. Many other states have laws/regulations banning conversion therapy

We shall see if those laws remain standing, and if so, what was the difference in language that kept those other laws from being overturned.

My understanding from reading reports from other sources, is that the Colorado law prohibited therapists from even speaking about conversion therapy, even if it were to discuss that it was not evidence based and that it was harmful,

As a retired therapist, I am watching this story with interest.

[dsc]

2. I won't hold my breath waiting for this decision to be applied to help gays or trans people

they sure weren't evenly applying this in terms of abortion.