Takeaways from the U.S. Supreme Court Decision Striking Down Colorado’s Conversion Therapy Ban for Trans and Gay Minors
Key keywords: Supreme Court conversion therapy ruling, Colorado trans minor conversion therapy ban, LGBTQ+ youth mental health, First Amendment free speech rights, minor conversion therapy health risks, state LGBTQ+ protection laws, religious liberty legal disputes, parental rights in youth healthcare
In a landmark 6-3 ruling issued in June 2024, the U.S. Supreme Court struck down Colorado’s 2019 law banning licensed mental health practitioners from providing conversion therapy to trans and gay minors, marking a major victory for religious liberty advocates and a significant setback for LGBTQ+ rights groups across the country. Conversion therapy, a discredited practice that aims to change a minor’s sexual orientation or gender identity, has been widely condemned by leading medical organizations including the American Psychological Association, American Medical Association, and American Academy of Pediatrics, which have all cited peer-reviewed research linking the practice to elevated rates of depression, anxiety, self-harm, and suicide attempts among LGBTQ+ youth.
The majority opinion, written by Justice Samuel Alito, argued that Colorado’s ban amounted to unconstitutional viewpoint discrimination under the First Amendment, as it prohibited counselors from expressing views that framed same-sex attraction or gender dysphoria as treatable conditions, while allowing them to advocate for gender-affirming care without restriction. Alito emphasized that the state could not penalize licensed professionals for expressing views that the government disagrees with, even if those views are unpopular or rejected by mainstream medical bodies.
The dissenting opinion, led by Justice Sonia Sotomayor, pushed back against the majority’s framing, arguing that the ruling prioritized abstract free speech rights over the tangible safety and well-being of thousands of vulnerable minors. Sotomayor noted that conversion therapy has been proven to cause severe, long-term harm to young people, and that states have a compelling interest in protecting youth from dangerous, discredited medical practices.
Several key takeaways have emerged from the ruling. First, the conservative-majority Supreme Court has signaled that it will continue to prioritize First Amendment and religious liberty claims in disputes that clash with LGBTQ+ protection laws, following a string of similar rulings in recent years including the 2023 decision allowing web designers to refuse services for same-sex weddings. Second, the ruling opens the door to legal challenges against the 22 other U.S. states and the District of Columbia that currently have similar conversion therapy bans in place, with multiple religious advocacy groups already announcing plans to file suit against these laws in the coming months. Third, the decision has sparked urgent action from LGBTQ+ rights organizations, which are now working with state legislatures to draft revised bans that avoid viewpoint discrimination claims, such as rules requiring practitioners to disclose the proven health risks of conversion therapy to parents and minors before providing the service, rather than banning the practice outright.
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As a social worker who has supported trans and gay youth survivors of conversion therapy for 9 years, this ruling is nothing short of devastating. We have decades of peer-reviewed data proving this practice inflicts irreversible psychological harm, with minors who undergo conversion therapy 3 times more likely to attempt suicide than their peers. The Supreme Court is choosing ideological allegiances over the lives of our most vulnerable kids.
As a constitutional law professor, I believe this ruling correctly applies First Amendment precedent. Colorado’s ban explicitly targeted speech aligned with traditional religious views on sexuality and gender, while placing no restrictions on counselors who promote gender-affirming care. That is clear viewpoint discrimination, which the First Amendment prohibits regardless of how unpopular the targeted speech may be.
I’m a parent of a 15-year-old gay teen in Denver, and I’m terrified of what this means for kids in conservative households across the state. My nephew was forced into conversion therapy by his evangelical parents 3 years ago, and he still struggles with severe depression and PTSD to this day. The court just gave abusive parents a free pass to harm their children in the name of religious freedom.
This ruling will have massive ripple effects across state policy. Every state with an existing conversion therapy ban now faces imminent legal challenges, and legislatures will have to get creative to protect LGBTQ+ youth without running afoul of the court’s new First Amendment framework. We’re already drafting model legislation that requires informed consent and risk disclosure for any provider offering conversion therapy, which we hope will hold up in court.