On March 31, 2026, the United States Supreme Court ruled 8-1 in Chiles v. Salazar that Colorado's ban on conversion therapy for minors violates the First Amendment when applied to talk-based counseling. The decision immediately invalidates Colorado House Bill 19-1129, signed into law in 2019, and puts similar bans in nearly 30 states on uncertain legal ground. For Colorado families navigating custody disputes involving LGBTQ+ children, the ruling fundamentally changes how courts will evaluate parental disagreements over mental health treatment.
Key Facts
| Detail | Summary |
|---|---|
| What happened | Supreme Court struck down Colorado's conversion therapy ban as applied to talk-based counseling |
| Case | Chiles v. Salazar, decided March 31, 2026, 8-1 ruling |
| Who's affected | Families in Colorado and 29 other states with similar bans |
| Key statute invalidated | Colorado HB 19-1129 (2019), codified in state licensing regulations |
| Dissent | Justice Sotomayor, sole dissenter, called the ruling "a devastating blow to child welfare" |
| Immediate impact | Licensed therapists in Colorado may now offer talk-based conversion therapy to minors without facing disciplinary action |
The Supreme Court's Reasoning Reframes Talk Therapy as Protected Speech
The majority opinion, authored by Justice Gorsuch, held that Colorado's ban on conversion therapy constitutes an unconstitutional content-based restriction on speech when applied to purely verbal counseling between a licensed therapist and a minor client. The Court distinguished between physical interventions like electroshock therapy, which states may still prohibit, and talk-based therapeutic conversations, which the majority classified as protected expression under the First Amendment.
The 8-1 margin surprised many legal observers. As NPR reported on March 31, 2026, even justices who typically diverge on culture-war cases joined the majority, signaling that the First Amendment analysis commanded broad agreement across ideological lines. Justice Sotomayor's solo dissent argued that the majority mischaracterized professional medical treatment as ordinary speech, warning that the decision "opens the door to real harm against vulnerable children."
The ruling does not declare conversion therapy safe, effective, or recommended. The American Psychological Association has maintained since 2009 that conversion therapy lacks scientific support and poses serious risks, including depression, anxiety, and suicidality. The Court's holding is narrower than headlines suggest: states cannot use licensing regulations to prohibit what a therapist says during a counseling session, but they retain authority to regulate physical procedures and to set standards of care through other mechanisms.
How Colorado Law Handled Conversion Therapy Before This Ruling
Colorado enacted its conversion therapy ban in 2019 through House Bill 19-1129, which prohibited licensed mental health providers from engaging in conversion therapy with clients under age 18. The law defined conversion therapy as any practice that sought to change a minor's sexual orientation or gender identity. Violation could result in disciplinary action by the Colorado Department of Regulatory Agencies (DORA), including license suspension or revocation.
The statute operated alongside Colorado's broader family law framework. Under C.R.S. Section 14-10-124, Colorado courts allocate parental responsibilities, including decision-making authority over a child's medical and mental health care. When parents share joint decision-making responsibility, they must agree on major treatment decisions. Before Chiles v. Salazar, the conversion therapy ban effectively removed one option from the table entirely: even if both parents consented, no licensed Colorado therapist could legally provide it.
That legal backstop is now gone. Colorado courts will need to address conversion therapy disputes between parents on a case-by-case basis under the best-interests-of-the-child standard set forth in C.R.S. Section 14-10-124(1.5). The statute lists factors including the child's wishes, the mental health of all parties, and each parent's willingness to encourage a relationship with the other parent. Courts have broad discretion in weighing these factors, and there is no Colorado appellate precedent directly addressing how conversion therapy fits within this framework post-Chiles.
What This Means for Colorado Custody Disputes
Colorado custody cases involving LGBTQ+ children now face a new and contentious variable. Before March 31, 2026, a parent who wanted to send a child to conversion therapy had no legal avenue to do so with a licensed provider in Colorado. Family courts could point to state law and decline to order or permit it. That shortcut no longer exists.
Under C.R.S. Section 14-10-131, either parent can file a motion to modify decision-making responsibility when circumstances change. The Chiles ruling qualifies as a material change in circumstances because it removes a legal prohibition that previously governed how courts evaluated these disputes. Colorado family law attorneys should expect a wave of modification motions from parents seeking authority to pursue conversion therapy for their children over the objection of the other parent.
Courts will likely turn to expert testimony as the primary tool for evaluating these requests. The American Psychological Association's 2009 Task Force Report, which reviewed 83 studies and found no reliable evidence that conversion therapy changes sexual orientation, will be central to these proceedings. Colorado judges retain full authority to find that conversion therapy is not in a child's best interest, even though the state can no longer categorically ban it through licensing regulations.
The ruling also affects temporary orders under C.R.S. Section 14-10-108. During pending divorce or custody proceedings, courts frequently issue temporary orders restricting major decisions. Colorado attorneys should consider requesting specific temporary orders prohibiting conversion therapy enrollment during litigation, particularly in high-conflict cases where one parent has expressed intent to pursue it.
Practical Takeaways for Colorado Families
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If you share joint decision-making responsibility and your co-parent raises conversion therapy, you have the right to object and seek court intervention under C.R.S. Section 14-10-131. Courts still evaluate all mental health decisions under the best-interests standard.
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Request a specific provision in your parenting plan addressing conversion therapy. Colorado parenting plans under C.R.S. Section 14-10-124(3) can include detailed provisions about mental health treatment, and explicit language now carries more weight than relying on a state ban that no longer exists.
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If you are currently negotiating a custody agreement, address mental health treatment decision-making authority with specificity. General joint decision-making language that was sufficient before March 31, 2026, may no longer protect against unilateral decisions about controversial therapies.
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Document everything. If your co-parent discusses pursuing conversion therapy, preserve text messages, emails, and any communications. Colorado courts consider each parent's willingness to support the child's emotional needs as a factor in allocating parental responsibilities.
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Consult a Colorado family law attorney before filing any motion. The legal landscape is shifting rapidly, and courts in different Colorado judicial districts may interpret the Chiles ruling differently in the coming months.
Frequently Asked Questions
Is conversion therapy now legal in Colorado?
Yes, for talk-based counseling. The Supreme Court's March 31, 2026 ruling in Chiles v. Salazar invalidated Colorado's 2019 ban (HB 19-1129) as applied to verbal therapy sessions. Physical interventions like electroshock remain subject to state regulation. Licensed therapists can no longer face disciplinary action from DORA for providing talk-based conversion therapy to minors.
Can a Colorado court still prevent my co-parent from taking our child to conversion therapy?
Yes. Colorado family courts retain full authority to evaluate mental health treatment decisions under the best-interests-of-the-child standard in C.R.S. Section 14-10-124(1.5). A court can prohibit conversion therapy for a specific child based on expert testimony and the child's individual circumstances, even though the state-wide categorical ban is gone.
How many states are affected by this ruling?
Approximately 30 states and the District of Columbia had conversion therapy bans or administrative restrictions as of March 2026. The Chiles ruling applies to all states because it is a First Amendment holding, meaning every state ban that covers talk-based counseling is now constitutionally suspect. States including California, New York, Washington, and Maryland will need to reassess their laws.
Should I modify my existing parenting plan because of this ruling?
Colorado parents with joint decision-making authority should consider adding specific mental health treatment provisions to their parenting plans. Under C.R.S. Section 14-10-131, a material change in circumstances, which this ruling represents, is grounds for a modification motion. This is particularly urgent if your co-parent has previously expressed interest in conversion therapy.
Does this ruling mean conversion therapy is considered safe or effective?
No. The Supreme Court explicitly did not address the safety or efficacy of conversion therapy. The American Psychological Association's 2009 Task Force reviewed 83 studies and concluded there is no reliable evidence conversion therapy works, while documenting significant risks including depression and suicidality. The ruling addressed only whether the government can prohibit therapists from engaging in it.
Find a divorce attorney in your Colorado county through our directory to discuss how this ruling may affect your parenting plan or custody arrangement.
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.