On April 9, 2025, the U.S. Supreme Court ruled 8-1 in Chiles v. Salazar that Colorado's ban on conversion therapy for LGBTQ+ minors violates the First Amendment because it regulates speech based on viewpoint rather than professional conduct. The decision, written by Justice Neil Gorsuch, undermines similar protections in 23 states and Washington D.C., with immediate implications for Colorado family law cases involving custody disputes, parenting time decisions, and the rights of LGBTQ+ youth during divorce proceedings.
Key Facts: Supreme Court Conversion Therapy Ruling
| Aspect | Details |
|---|---|
| What happened | Supreme Court struck down Colorado's conversion therapy ban for licensed therapists treating minors |
| When | April 9, 2025 (8-1 decision) |
| Case name | Chiles v. Salazar (therapist Kaley Chiles challenged the law) |
| Legal reasoning | Law regulates speech based on viewpoint, not professional conduct; requires strict scrutiny under First Amendment |
| Who dissented | Justice Ketanji Brown Jackson (sole dissent, read from bench) |
| Immediate impact | Case returns to lower courts; 23+ state bans now vulnerable to constitutional challenges |
Why This Matters for Colorado Family Law
This ruling fundamentally changes how Colorado courts must approach parenting decisions involving LGBTQ+ youth in divorce and custody cases. Before April 9, 2025, Colorado law prohibited licensed mental health professionals from attempting to change a minor's sexual orientation or gender identity through conversion therapy. Now, under the Supreme Court's strict scrutiny framework, courts cannot rely on the categorical prohibition that previously existed.
The practical effect appears in three critical family law contexts. First, custody evaluators and guardians ad litem can no longer cite Colorado's conversion therapy ban as a factor when recommending against a parent who supports such practices for their child. Second, modification of parenting time requests based on one parent subjecting a child to conversion therapy will require different legal arguments—focusing on demonstrable psychological harm rather than statutory violation. Third, decision-making responsibility disputes under C.R.S. § 14-10-124 (Colorado's parental responsibilities statute) now lack the clear legislative guidance that the conversion therapy ban provided.
Justice Gorsuch's majority opinion characterized the Colorado law as enforcing "orthodoxy" about sexual orientation and gender identity, concluding that "the First Amendment stands as a shield" against such regulation when it targets speech rather than conduct. This framing conflicts with the "best interests of the child" standard under C.R.S. § 14-10-124(1.5) that Colorado courts apply in every custody decision. Courts must now balance First Amendment concerns against child welfare without the conversion therapy ban as a guidepost.
How Colorado Custody Law Handles LGBTQ+ Youth Protections
Colorado's parental responsibilities statute, C.R.S. § 14-10-124, requires courts to consider factors including "the mental and physical health of all individuals involved" and "the child's adjustment to home, school, and community" when allocating decision-making responsibility and parenting time. Before the April 9, 2025 Supreme Court ruling, family courts could consider a parent's pursuit of conversion therapy for a child as evidence of harm to the child's mental health and poor decision-making regarding the child's welfare.
Post-ruling, Colorado courts must now apply strict scrutiny analysis before restricting a parent's First Amendment rights to seek conversion therapy, even when evidence suggests psychological harm to the child. This creates a tension between C.R.S. § 14-10-124(1.5)—which prioritizes child welfare—and the Supreme Court's protection of therapeutic speech. Practically, this means judges will require expert testimony demonstrating specific, individualized harm to the child rather than relying on general medical consensus that conversion therapy harms LGBTQ+ youth.
Under Colorado's modification statute, C.R.S. § 14-10-131, a parent can seek changes to parenting time or decision-making when circumstances have "so materially and substantially changed" that the current arrangement endangers the child's physical health or significantly impairs emotional development. The Supreme Court's ruling makes it substantially harder to prove such endangerment based solely on a parent's use of conversion therapy, even when major medical organizations—including the American Academy of Pediatrics, American Psychological Association, and American Medical Association—have concluded such practices harm minors.
Colorado courts also apply C.R.S. § 14-10-124(1.5)(a)(VI), which considers "the ability of each party to encourage the sharing of love, affection, and contact between the child and the other party." When one parent subjects an LGBTQ+ child to conversion therapy, it may demonstrate an inability to support the child's identity and wellbeing. However, characterizing this as impermissible speech regulation rather than conduct assessment will now require careful legal framing.
Practical Takeaways for Colorado Parents and Attorneys
-
Document specific harm, not just therapy type. If your child's other parent is pursuing or threatening conversion therapy, gather evidence of observable changes in your child's mental health, school performance, social relationships, and emotional state. Generic statements about conversion therapy's dangers will no longer suffice under strict scrutiny analysis. Obtain records from your child's school counselor, pediatrician, and therapist showing deterioration after exposure to conversion-focused treatment.
-
Engage expert witnesses immediately. Custody modification or restriction of decision-making based on conversion therapy exposure now requires qualified mental health professionals who can testify to individualized harm to your specific child. Colorado courts will need expert testimony connecting the challenged therapeutic practice to demonstrable psychological injury under C.R.S. § 14-10-131's endangerment standard. A general statement from a therapist that "conversion therapy is harmful" will not meet this burden.
-
Consider parenting plan specificity. When negotiating custody agreements, LGBTQ+ affirming parents should include explicit provisions requiring mutual consent for all mental health treatment, specifying therapist qualifications (such as requiring providers who follow American Psychological Association guidelines), and establishing protocols for selecting healthcare providers. Under C.R.S. § 14-10-124(1.5)(a)(IV), courts can allocate decision-making responsibility for medical and mental health separately from other parental decisions.
-
Understand the religious exemption landscape. Colorado's conversion therapy ban already exempted religious counselors and family members—only licensed therapists were prohibited from the practice. The Supreme Court's ruling now extends First Amendment protection to licensed professionals, but religious organizations were never subject to the ban. This means evaluating the source of conversion-focused messaging matters when documenting harm.
-
Preserve malpractice remedies. While the First Amendment now protects conversion therapy as speech, licensed therapists remain subject to professional malpractice liability for harm caused to patients. If a licensed professional's conversion therapy harms your child, consult both a family law attorney regarding custody implications and a malpractice attorney regarding potential civil remedies. These parallel tracks can provide accountability even when criminal or regulatory penalties are unavailable.
Frequently Asked Questions
Can Colorado family courts still restrict a parent's decision-making if they subject a child to conversion therapy?
Yes, but the legal standard is now significantly higher after the April 9, 2025 Supreme Court ruling. Courts must apply strict scrutiny rather than relying on Colorado's conversion therapy ban, requiring individualized evidence that the specific child suffers demonstrable psychological harm. Under C.R.S. § 14-10-131, modification requires proof that circumstances have "so materially and substantially changed" that the arrangement endangers the child. Expert testimony documenting your child's specific deterioration in mental health, school performance, or emotional wellbeing is now essential to meet this burden.
Does the Supreme Court ruling affect custody evaluations in pending Colorado divorce cases?
Absolutely. Custody evaluators and guardians ad litem can no longer cite Colorado's conversion therapy ban as a statutory violation when making recommendations under C.R.S. § 14-10-116. Evaluations must now focus on observable impacts to the child's welfare, parental fitness based on the child's actual psychological state, and expert analysis of harm rather than categorical prohibition. If your case involves conversion therapy concerns and an evaluation is scheduled or underway, immediately consult your attorney about providing evaluators with documentation of specific harm to your child.
Can I modify my parenting plan if my ex-spouse starts conversion therapy after our divorce?
Yes, under C.R.S. § 14-10-131, but you must prove material and substantial change in circumstances that endangers your child or significantly impairs emotional development. Before April 9, 2025, the conversion therapy ban itself supported such modifications. Post-ruling, you need documented evidence: records from your child's therapist, pediatrician, or school showing mental health decline, behavioral changes, academic struggles, or suicidal ideation connected to the conversion therapy exposure. File your modification motion promptly and retain a mental health expert who can testify to causation between the therapy and your child's deterioration.
Are religious counselors or family members now allowed to provide conversion therapy to minors in Colorado?
Religious counselors and family members were always exempt from Colorado's conversion therapy ban—the law only applied to licensed mental health professionals. The Supreme Court's April 9, 2025 ruling extends First Amendment protection to licensed therapists but does not change the exemptions already in place. However, if a family member's conversion-focused treatment harms a child, Colorado courts can still consider this under the best interests standard in C.R.S. § 14-10-124 when allocating parenting time or decision-making responsibility. Document any harm with medical records, therapy notes, and school reports.
What should I do if I'm concerned about my child's mental health after exposure to conversion therapy?
Immediately seek evaluation and treatment from an LGBTQ+-affirming mental health professional who can assess your child's psychological state and provide evidence-based care. Document all appointments, diagnoses, and treatment recommendations. Contact a Colorado family law attorney to discuss whether emergency modification of parenting time or decision-making is warranted under C.R.S. § 14-10-131. If your child expresses suicidal thoughts, access crisis services immediately (988 Suicide and Crisis Lifeline, Trevor Project at 1-866-488-7386). Preserve all communications with the other parent regarding the therapy, your child's statements about their experiences, and any observable changes in behavior, school performance, or social relationships.
Need guidance on protecting your LGBTQ+ child during divorce or custody proceedings? Divorce.law connects you with experienced Colorado family law attorneys who understand the evolving legal landscape following the Supreme Court's conversion therapy ruling. Our exclusive member attorneys can help you navigate parenting plan modifications, custody evaluations, and decision-making disputes with your child's wellbeing as the priority.
Legal Disclaimer: 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.