Conversion Therapy Legal Challenges

Developing StoryLast updated MAY 12
SUMMARY

The U.S. Supreme Court, in an 8-1 decision on April 4, 2026, overturned Colorado's ban on conversion therapy for minors, ruling it violates the First Amendment's free speech protections. As of May 12, 2026: A lawsuit was filed in Wisconsin challenging conversion therapy practices, following the Supreme Court's ruling. Justice Neil Gorsuch, writing for the majority, stated that the First Amendment protects the right to speak freely and that laws suppressing speech based on viewpoint are an "egregious" assault on this commitment, while Justice Ketanji Brown Jackson dissented. Colorado lawmakers have since introduced House Bill 26-1322 to reframe conversion therapy as harmful professional conduct, allowing victims to sue providers for damages without a statute of limitations.

Timeline

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Timeline of developments

May 2026 2 developments

  1. A lawsuit was filed in Wisconsin on May 12, 2026, concerning conversion therapy practices.

    A lawsuit was filed in Wisconsin on May 12, 2026, concerning conversion therapy practices. This action follows the Supreme Court's ruling against Colorado's ban, which cited First Amendment concerns.

  2. The US Supreme Court's March 2026 ruling on conversion therapy is expected to render similar state laws unenforceable, as it was sent back for review under strict scrutiny.

    The US Supreme Court's March 2026 ruling on conversion therapy is expected to render similar state laws unenforceable, as it was sent back for review under strict scrutiny. In response, Colorado lawmakers are pursuing a new bill to reframe conversion therapy as harmful professional conduct, enabling victims to sue providers.

April 2026 3 developments

  1. Colorado lawmakers have introduced House Bill 26-1322 to ban conversion therapy, classifying it as h…

    Colorado lawmakers have introduced House Bill 26-1322 to ban conversion therapy, classifying it as harmful professional conduct to bypass free speech concerns raised by the Supreme Court. This new legislation would allow victims to sue providers for damages without a statute of limitations.

  2. The U.S. Supreme Court has overturned Colorado's ban on conversion therapy for minors, ruling 8-1 th…

    The U.S. Supreme Court has overturned Colorado's ban on conversion therapy for minors, ruling 8-1 that the law violates the First Amendment's free speech protections. Justice Neil Gorsuch, writing for the majority, stated that the First Amendment protects the right to speak freely and that laws suppressing speech based on viewpoint are an "egregious" assault on this commitment. Justice Ketanji Brown Jackson dissented, arguing that states can regulate harmful therapies.

  3. Colorado's House has advanced a bill allowing individuals harmed by conversion therapy to sue therap…

    Colorado's House has advanced a bill allowing individuals harmed by conversion therapy to sue therapists, following the Supreme Court's ruling that the state's ban likely violates free speech protections. The Supreme Court's 8-1 decision in Chiles v. Salazar stated that talk therapy is protected speech, sending the case back for further review.

March 2026 1 developments

  1. The Supreme Court ruled 8-1 in Chiles v.

    The Supreme Court ruled 8-1 in Chiles v. Salazar that Colorado's ban on conversion therapy for minors must be reviewed under strict scrutiny for potential First Amendment free speech violations. The majority opinion, authored by Justice Gorsuch, stated that the Colorado law regulates speech based on viewpoint. The case has been remanded to lower courts for this stricter review.

January 2026 5 developments

  1. Survivor stories have emerged, detailing the negative mental health outcomes of conversion therapy as the Supreme Court considers the Chiles v.

    Survivor stories have emerged, detailing the negative mental health outcomes of conversion therapy as the Supreme Court considers the Chiles v. Salazar case. A ruling in the case is anticipated in the spring or summer.

  2. The Trevor Project released the third episode of its docuseries 'Sharing Space,' featuring discussions with six conversion therapy survivors.

    The Trevor Project released the third episode of its docuseries 'Sharing Space,' featuring discussions with six conversion therapy survivors. This release coincides with the Supreme Court's deliberation on the Chiles v. Salazar case.

  3. The Colorado law banning conversion therapy for minors, which is being challenged in the Supreme Cou…

    The Colorado law banning conversion therapy for minors, which is being challenged in the Supreme Court, specifically does not apply to clergy or religious counselors and permits supportive therapy.

  4. Medical and policy experts gathered at Roosevelt House to discuss the future of conversion therapy bans in the US, prompted by the ongoing Supreme Court case.

    Medical and policy experts gathered at Roosevelt House to discuss the future of conversion therapy bans in the US, prompted by the ongoing Supreme Court case.

  5. Colorado lawmakers have passed HB26-1322, a new bill designed to protect LGBTQ+ minors from conversion therapy.

    Colorado lawmakers have passed HB26-1322, a new bill designed to protect LGBTQ+ minors from conversion therapy. The legislation aims to be 'viewpoint-neutral,' prohibiting licensed mental health professionals from steering minors toward any predetermined outcome related to sexual orientation or gender identity. Supporters believe this revision addresses the Court's constitutional concerns and preserves protections.

October 2025 4 developments

  1. A ruling in the Chiles v.

    A ruling in the Chiles v. Salazar Supreme Court case, concerning Colorado's ban on conversion therapy for minors, is anticipated by the summer of 2026.

  2. During the oral arguments on October 7, 2025, a majority of the Supreme Court justices appeared skep…

    During the oral arguments on October 7, 2025, a majority of the Supreme Court justices appeared skeptical of Colorado's ban on conversion therapy for minors, suggesting the ban might discriminate based on viewpoints.

  3. The Alliance Defending Freedom (ADF), representing Kaley Chiles, has been accused of misrepresenting…

    The Alliance Defending Freedom (ADF), representing Kaley Chiles, has been accused of misrepresenting research by academics they cited in their arguments against state bans on conversion therapy for minors.

September 2025 1 developments

  1. The petitioner, Kaley Chiles, a licensed counselor, argues that the Colorado ban on conversion thera…

    The petitioner, Kaley Chiles, a licensed counselor, argues that the Colorado ban on conversion therapy for minors violates her First Amendment rights by regulating therapy as speech.

August 2025 4 developments

  1. The Freedom From Religion Foundation (FFRF) filed an amicus brief on August 26, 2025, in the Chiles v.

    The Freedom From Religion Foundation (FFRF) filed an amicus brief on August 26, 2025, in the Chiles v. Salazar Supreme Court case, challenging a Colorado law banning conversion therapy for minors. The brief supports the ban.

  2. The Korematsu Center for Law and Equality at UC Irvine School of Law filed an amicus brief urging the Supreme Court to uphold Colorado's ban on conversion therapy for minors.

    The Korematsu Center for Law and Equality at UC Irvine School of Law filed an amicus brief urging the Supreme Court to uphold Colorado's ban on conversion therapy for minors.

  3. The Constitutional Accountability Center (CAC) files an amicus brief in the Supreme Court in support…

    The Constitutional Accountability Center (CAC) files an amicus brief in the Supreme Court in support of Colorado, arguing that the ban on conversion therapy for children is constitutional.

  4. Respondents, including Patty Salazar, file their brief on the merits with the Supreme Court.

    Respondents, including Patty Salazar, file their brief on the merits with the Supreme Court.

June 2025 1 developments

March 2025 1 developments

  1. The U.S. Supreme Court grants certiorari, agreeing to hear the case and signaling an intent to addre…

    The U.S. Supreme Court grants certiorari, agreeing to hear the case and signaling an intent to address constitutional questions surrounding the regulation of professional speech and the balance between state regulatory power and free speech rights.

November 2024 1 developments

September 2024 1 developments

  1. The U.S. Court of Appeals for the Tenth Circuit affirms the lower court's ruling, agreeing that Colo…

    The U.S. Court of Appeals for the Tenth Circuit affirms the lower court's ruling, agreeing that Colorado is entitled to regulate professional conduct and citing evidence of the harms conversion therapy can cause minors.

September 2022 1 developments

  1. Kaley Chiles files a pre-enforcement lawsuit in the U.

    Kaley Chiles files a pre-enforcement lawsuit in the U.S. District Court for the District of Colorado, challenging the MCTL as a violation of her First Amendment rights and seeking a preliminary injunction.

January 2022 1 developments

  1. The U.S. District Court for the District of Colorado denies Chiles' motion for a preliminary injunct…

    The U.S. District Court for the District of Colorado denies Chiles' motion for a preliminary injunction, concluding that the MCTL regulates professional conduct rather than therapists' speech.

January 2019 1 developments

  1. Colorado passes the Minor Conversion Therapy Law (MCTL), prohibiting licensed mental health professionals from engaging in conversion therapy with clients under 18.

    Colorado passes the Minor Conversion Therapy Law (MCTL), prohibiting licensed mental health professionals from engaging in conversion therapy with clients under 18.