On March 31, 2026, the U.S. Supreme Court ruled 8-1 in Chiles v. Salazar that Colorado's ban on conversion therapy for minors violates the First Amendment rights of licensed therapists. This decision invalidates Colorado's 2019 law and threatens similar protections in approximately 22 states and the District of Columbia, despite every major medical organization—including the American Medical Association, American Psychological Association, and American Academy of Pediatrics—condemning conversion therapy as harmful and ineffective.
Key Facts
| Category | Details |
|---|---|
| What happened | Supreme Court struck down Colorado's conversion therapy ban as unconstitutional |
| When | March 31, 2026 (decision issued) |
| Vote count | 8-1 ruling (Justice Sotomayor dissenting) |
| Laws affected | Approximately 22 state bans plus D.C. now vulnerable to legal challenges |
| Colorado statute | 2019 law prohibiting licensed therapists from practicing conversion therapy on minors |
| Immediate impact | Licensed therapists in Colorado can legally resume conversion therapy practices on minors |
Why This Ruling Fundamentally Changes Mental Health Protections
This decision strips Colorado of its authority to regulate harmful mental health practices targeting LGBTQ+ minors. The Court held that Colorado's 2019 conversion therapy ban—which prohibited licensed therapists from attempting to change a minor's sexual orientation or gender identity—constitutes viewpoint-based content regulation that violates the First Amendment's free speech protections. The majority opinion, authored by Chief Justice Roberts, concluded that even when speech occurs within a professional therapeutic relationship, the government cannot restrict it based on the viewpoint expressed unless it meets strict scrutiny requirements.
The practical consequence: Licensed mental health professionals in Colorado can now legally provide conversion therapy to minors, even though the American Psychological Association has stated since 2009 that such practices pose serious risks including depression, anxiety, self-harm, and suicide. This creates a troubling paradox where Colorado can regulate therapists who commit financial fraud or sexual misconduct, but cannot prohibit practices that major medical organizations classify as harmful to vulnerable minors.
The ruling affects three categories of Colorado families immediately: (1) LGBTQ+ youth currently in therapy who may face pressure from parents to undergo conversion practices, (2) parents in custody disputes where one parent wants to mandate conversion therapy over the other parent's objection, and (3) school counselors and social workers who previously operated under clear legal prohibitions that no longer exist.
How Colorado Law Previously Protected LGBTQ+ Minors
Colorado enacted its conversion therapy ban in 2019 through legislation that amended the state's mental health professional licensing statutes. The law defined conversion therapy as "any practice or treatment that seeks to change an individual's sexual orientation or gender identity, including efforts to change behaviors or gender expressions, or to eliminate or reduce sexual or romantic attractions or feelings toward individuals of the same sex." The statute applied exclusively to licensed mental health professionals—including psychologists, social workers, and licensed professional counselors—and prohibited them from providing such services to anyone under age 18.
The Colorado law included three key protections that are now eliminated: (1) It allowed the state to discipline or revoke the license of any mental health professional who provided conversion therapy to minors, (2) It created a clear standard of care that protected LGBTQ+ youth from being subjected to practices repudiated by medical science, and (3) It gave parents who supported their LGBTQ+ children legal backing to refuse conversion therapy demanded by other family members or religious institutions.
Colorado's Department of Regulatory Agencies enforced the ban through its Division of Professions and Occupations, which oversees mental health professional licensing. Between 2019 and 2026, the division received 14 complaints alleging conversion therapy practices, resulting in three license suspensions and two formal reprimands. Those enforcement mechanisms remain available for other forms of professional misconduct, but the state can no longer discipline therapists specifically for providing conversion therapy to minors.
The ruling does not affect private conduct—parents can still pursue religiously-affiliated counseling or pastoral care that attempts to change a child's sexual orientation or gender identity, as those providers were never covered by Colorado's licensing-based ban. However, the decision removes the most significant legal barrier: the prohibition on state-licensed, credentialed mental health professionals from engaging in these practices.
Practical Implications for Colorado Families
Colorado parents and LGBTQ+ youth face five immediate consequences from this ruling:
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In custody disputes, one parent can now mandate conversion therapy. Colorado family courts applying Colo. Rev. Stat. § 14-10-124 (best interests of the child standard) must weigh parental decision-making authority over medical and mental health treatment. Before this ruling, courts could categorically deny requests for conversion therapy as contrary to the child's welfare based on scientific consensus. Now, parents seeking to impose conversion therapy can argue they have a constitutional right to choose this treatment, forcing judges to balance competing parental rights without clear legal guidance that such therapy is prohibited.
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Insurance coverage questions create financial barriers to affirming care. Colorado's mental health parity laws require insurers to cover medically necessary mental health treatment. Licensed therapists can now bill insurance for conversion therapy sessions, potentially depleting a family's mental health benefits before the child can access gender-affirming therapy or LGBTQ+-affirming counseling. Parents who oppose conversion therapy may need to pay out-of-pocket for alternative care while their insurance covers practices they reject.
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School-based mental health services lack clear boundaries. Colorado public schools increasingly employ licensed clinical social workers and school psychologists. The ruling creates ambiguity about whether these professionals—operating within public school settings—can provide conversion therapy if a parent requests it. Schools may face competing legal pressures: potential First Amendment claims from therapists who want to provide conversion therapy versus potential discrimination claims from LGBTQ+ students harmed by such practices.
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Foster care and child welfare systems need immediate policy guidance. Colorado's child welfare system places LGBTQ+ youth with foster families and therapeutic service providers. The Department of Human Services can no longer automatically disqualify licensed therapists who provide conversion therapy from participating in foster care mental health services. This creates risks for LGBTQ+ youth in state custody, who are already overrepresented in Colorado's child welfare system at a rate of 30% higher than their proportion of the general youth population.
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Religious exemptions in adoption and fostering gain legal support. Colorado adoption agencies and foster family licensing requirements previously could not place children with families who intended to subject them to conversion therapy through licensed professionals. The ruling strengthens arguments that faith-based agencies have a constitutional right to match LGBTQ+ youth with families who will pursue such therapy, complicating Colorado's efforts to ensure safe, affirming placements.
What Colorado Lawmakers and Advocates Can Do Now
Colorado retains three regulatory avenues despite this setback:
First, the state can strengthen informed consent requirements for all mental health treatment of minors. Colorado could require licensed therapists to provide parents and minor patients (age 15 and older under Colo. Rev. Stat. § 13-22-103) with written disclosures stating: (a) the position of major medical organizations that conversion therapy is harmful, (b) the scientific evidence regarding risks of depression and suicide, and (c) alternative affirming therapeutic approaches. While this does not prohibit the practice, it ensures families receive complete information before consenting.
Second, Colorado can regulate conversion therapy as a deceptive trade practice under the Colorado Consumer Protection Act (Colo. Rev. Stat. § 6-1-105). If therapists market conversion therapy as effective or scientifically supported when medical consensus holds otherwise, the state Attorney General can pursue enforcement for false advertising. This approach regulates the commercial aspects rather than the speech content.
Third, Colorado could establish a youth mental health bill of rights that affirms access to gender-affirming care and LGBTQ+-affirming therapy as a protected category of treatment. While this would not directly prohibit conversion therapy, it would create affirmative legal protections that judges could apply in custody disputes and child welfare cases to prioritize affirming care over practices condemned by medical experts.
Frequently Asked Questions
Can Colorado courts still consider conversion therapy harmful in custody cases?
Yes, Colorado family court judges retain discretion under Colo. Rev. Stat. § 14-10-124 to weigh expert testimony about the harms of conversion therapy when determining the best interests of the child. However, judges can no longer rely on the existence of a state law ban as conclusive evidence that such therapy is inappropriate. Parents opposing conversion therapy must now introduce expert witnesses and scientific studies demonstrating harm in each individual case, increasing litigation costs by an estimated $15,000 to $35,000 per custody dispute.
Does this ruling affect Colorado's anti-discrimination protections for LGBTQ+ youth?
No, the Supreme Court decision does not overturn Colorado's anti-discrimination laws that protect LGBTQ+ individuals in employment, housing, and public accommodations under the Colorado Anti-Discrimination Act (Colo. Rev. Stat. § 24-34-601). Schools must still provide safe, non-discriminatory environments for LGBTQ+ students. However, the ruling creates tension: Colorado cannot prohibit licensed therapists from providing conversion therapy, but schools and employers cannot discriminate against LGBTQ+ individuals. This paradox may generate litigation over whether schools can employ or contract with therapists who openly provide conversion therapy.
Can parents who disagree about conversion therapy modify custody or decision-making authority?
Yes, Colorado parents can file motions to modify parenting plans under Colo. Rev. Stat. § 14-10-129 if they believe the other parent's decision to pursue conversion therapy endangers the child's physical health or significantly impairs emotional development. Courts must find that the child's environment seriously endangers their well-being before modifying custody. Post-ruling, parents seeking to block conversion therapy will need substantial expert evidence—typically from psychiatrists or psychologists—documenting actual or imminent harm to the specific child, rather than general statements that conversion therapy is harmful.
Are Colorado therapists required to provide conversion therapy if parents request it?
No, licensed therapists retain professional autonomy to decline clients or treatments that conflict with their clinical judgment or ethical obligations. The American Psychological Association's ethical guidelines state that psychologists should not engage in practices that harm clients. Colorado therapists can refuse to provide conversion therapy based on professional ethics without violating the parent's constitutional rights. However, therapists who do refuse may face lawsuits from parents claiming discrimination, requiring therapists to document that their refusal is based on professional ethics rather than viewpoint discrimination.
What happens to the 22 other state bans on conversion therapy?
The Supreme Court's reasoning in Chiles v. Salazar applies to all state conversion therapy bans that regulate licensed mental health professionals, making them vulnerable to immediate legal challenges. States including California, New York, Illinois, New Jersey, and Washington had similar laws restricting conversion therapy for minors. As of April 2026, at least seven lawsuits have been filed seeking to invalidate these state laws based on the Colorado precedent. Unless these states adopt alternative regulatory approaches—such as informed consent mandates or consumer protection enforcement—their bans will likely fall within the next 12 to 24 months.
Finding Affirming Mental Health Care in Colorado
Colorado families seeking LGBTQ+-affirming mental health services can access resources through several channels. The Trevor Project operates a 24/7 crisis line (1-866-488-7386) and provides referrals to affirming therapists nationwide. Colorado's One Colorado organization maintains a directory of LGBTQ+-affirming healthcare providers, including mental health professionals who follow evidence-based, affirming therapeutic approaches.
Parents concerned about protecting their LGBTQ+ children from unwanted conversion therapy should document their opposition in parenting plans and custody agreements. Including specific language that prohibits either parent from subjecting the child to conversion therapy—and defining that term using medical organization standards—creates contractual obligations that courts can enforce even after this Supreme Court ruling.
If you are a Colorado parent navigating these issues in a custody dispute, separation, or divorce, consulting with a family law attorney experienced in LGBTQ+ family matters is essential. An attorney can help you incorporate protective language into parenting plans, respond to motions seeking to authorize conversion therapy, and present expert evidence about the harms of such practices.
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.