Supreme Court Invalidates Colorado Conversion Therapy Ban, Creating New Custody Conflicts
The U.S. Supreme Court ruled 8-1 on March 31, 2026, that Colorado's ban on conversion therapy for minors violates the First Amendment's free speech protections. The decision in Chiles v. Salazar immediately invalidates similar laws in approximately 30 states and creates significant new complications for Colorado family courts handling custody disputes involving LGBTQ+ children, as minors age 12 and older may now consent to such therapy without parental notification under existing state law.
| Key Facts | Details |
|---|---|
| What happened | Supreme Court struck down Colorado's conversion therapy ban for minors |
| Decision date | March 31, 2026 |
| Case name | Chiles v. Salazar |
| Vote | 8-1 (Justice Gorsuch writing for majority) |
| States affected | Approximately 30 states with similar bans |
| Key legal issue | First Amendment protection of talk therapy as speech |
| Immediate impact | Minors 12+ may consent to therapy without parental notification |
Why This Ruling Changes Family Law Nationwide
The Supreme Court's decision fundamentally redefines how courts must treat conversion therapy in custody and parenting disputes. Justice Gorsuch's majority opinion held that talk-therapy-based conversion therapy constitutes protected speech under the First Amendment, meaning states cannot categorically ban licensed therapists from engaging in such conversations with minor patients. This reasoning applies regardless of the therapy's content or the state's interest in protecting minors from potential psychological harm.
The ruling overturns Colorado's conversion therapy ban enacted in 2019, which prohibited licensed mental health providers from practicing conversion therapy on patients under 18. Similar statutes in California, New York, New Jersey, Maryland, and approximately 25 other states are now unenforceable. The 8-1 vote signals this interpretation commands broad support across the Court's ideological spectrum, with only Justice Sotomayor dissenting.
Family courts must now navigate disputes where one parent supports conversion therapy for an LGBTQ+ child while the other opposes it. Previously, judges could simply note that such therapy was illegal. After Chiles v. Salazar, courts must weigh this as a legitimate parenting decision subject to best-interests analysis rather than an automatically prohibited practice.
How Colorado Law Handles Minor Consent to Therapy
Colorado law permits minors age 12 and older to independently consent to outpatient mental health treatment without parental consent or notification under C.R.S. § 27-65-103. This statute, originally designed to help adolescents access mental health care when parents were unavailable or unsupportive, now creates an unexpected consequence following the Supreme Court's ruling.
A 14-year-old child in Colorado can theoretically seek conversion therapy from a willing provider without either parent's knowledge. This creates three distinct conflict scenarios in custody cases:
First, parents may disagree about whether their child should undergo conversion therapy. Under C.R.S. § 14-10-124, Colorado courts allocate decision-making responsibility for major decisions including mental health treatment. Parents with joint decision-making authority must agree on significant medical and mental health choices. Conversion therapy disputes will likely require court intervention to resolve.
Second, a minor may independently consent to conversion therapy against both parents' wishes. Colorado courts will need to determine whether parental authority over major medical decisions overrides the minor consent statute when parents actively object to the treatment.
Third, custody evaluators and parenting coordinators will face questions about how to address conversion therapy in parenting plans. Courts may need to include specific provisions addressing this therapy type in allocation of parental responsibilities orders.
Practical Takeaways for Colorado Parents
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Review existing parenting plans immediately. If your allocation of parental responsibilities order grants joint decision-making for medical and mental health treatment, neither parent can unilaterally consent to conversion therapy for your child. However, children 12 and older may consent independently under C.R.S. § 27-65-103.
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Consider requesting modification of parenting plans to address this issue explicitly. Colorado courts can modify decision-making provisions when circumstances substantially change under C.R.S. § 14-10-131. The Chiles v. Salazar ruling constitutes a material change in law that may justify modification.
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Document your position on conversion therapy clearly. If you are currently negotiating a parenting plan or custody arrangement, include specific language addressing your agreement or disagreement about conversion therapy. Ambiguous provisions will invite future litigation.
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Understand that courts will apply best-interests analysis. Colorado family courts must consider the child's physical, mental, and emotional health under C.R.S. § 14-10-124(1.5) when making custody decisions. A parent's insistence on conversion therapy over the other parent's objection will be evaluated through this lens.
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Consult with a family law attorney before taking action. The intersection of minor consent statutes, parental decision-making authority, and this new constitutional ruling creates legal complexity that requires professional guidance.
What This Means for Ongoing Custody Disputes
Colorado family courts will immediately face new procedural questions following Chiles v. Salazar. Judges cannot prohibit a parent from seeking conversion therapy for a child as a condition of custody, since such orders would effectively ban constitutionally protected speech. However, courts retain authority to consider a parent's decision to pursue conversion therapy as one factor in determining the child's best interests.
The Colorado Supreme Court has not yet issued guidance on how trial courts should handle these disputes. Family law practitioners anticipate that the first contested cases will reach Colorado appellate courts within 12-18 months, establishing precedent for how best-interests analysis applies to conversion therapy decisions.
Parents currently in mediation or collaborative divorce proceedings should address this issue proactively. Including explicit provisions about conversion therapy in parenting plans—whether permitting or prohibiting it—will prevent future disputes and provide clarity for both parents and children.
Frequently Asked Questions
Can my ex-spouse take our child to conversion therapy without my consent after this ruling?
Not automatically. If your parenting plan grants joint decision-making authority for mental health treatment, both parents must agree on conversion therapy under C.R.S. § 14-10-124. However, children age 12 and older can independently consent to outpatient mental health treatment under Colorado law without either parent's approval.
Does this ruling mean conversion therapy is now legal everywhere?
The March 31, 2026, ruling invalidates state laws banning conversion therapy by licensed providers in approximately 30 states. However, the decision addresses only government restrictions on therapist speech. Professional licensing boards, insurance companies, and individual healthcare systems may still refuse to credential providers who offer conversion therapy.
Can I modify my custody order to address conversion therapy specifically?
Yes. Colorado permits modification of parenting plans when circumstances substantially change under C.R.S. § 14-10-131. The Chiles v. Salazar ruling represents a material legal change that may justify seeking modification to add specific provisions addressing conversion therapy decisions.
What happens if my child consents to conversion therapy against my wishes?
Colorado's minor consent statute, C.R.S. § 27-65-103, permits children 12 and older to consent to outpatient mental health treatment independently. Courts have not yet addressed whether parents can override this consent for conversion therapy specifically. This legal question will likely require appellate court resolution.
How will Colorado courts evaluate conversion therapy in custody disputes?
Courts must apply the best-interests standard under C.R.S. § 14-10-124(1.5), considering the child's physical, mental, and emotional health. A parent's position on conversion therapy will be one factor among many, including the child's wishes, each parent's relationship with the child, and the child's adjustment to home and community.
Looking Ahead
The Chiles v. Salazar decision creates immediate practical challenges for Colorado families navigating custody disputes. Parents should review their parenting plans, consult with qualified family law attorneys, and consider whether modification may be appropriate given this significant legal change.
If you have questions about how this ruling affects your specific custody situation, speak with a Colorado family law attorney who can evaluate your parenting plan and advise you on your options.
This article discusses recent news and provides general legal commentary. It does not constitute legal advice. Every case is unique. Consult a qualified family law attorney for advice specific to your situation.