Is SCOTUS about to legalize Conversion Therapy?

Varun Mekala

In Chiles v. Salazar, the U.S. Supreme Court will decide a historic First Amendment case that could revolutionize how licensed professionals are regulated by states. Kaley Chiles, a Christian counselor who is licensed in Colorado, is challenging the state prohibition against so-called "conversion therapy" for minors. Colorado's statute makes it illegal for licensed counselors to provide therapy aimed at changing a child's sexual orientation or gender identity. Chiles argues that this law violates her free speech rights in that it prohibits a certain viewpoint — specifically, counseling in favor of clients who wish to overcome or reverse same-sex attraction or gender dysphoria.

The state maintains that the statute regulates professional conduct, not speech, and is designed to protect children from harmful therapies. To date, lower courts have ruled in favor of Colorado under a deferential level of judicial review. But Chiles contends that if the statute targets certain ideas or goals in therapy, it ventures into unconstitutional viewpoint discrimination — which must be reviewed strictly under the First Amendment.

The Supreme Court's willingness to hear the case suggests it might be inclined to shed light on how much states can control what licensed professionals communicate in their workplaces. The decision could impact not only similar legislation in other states, but also more general issues about therapists', doctors', and other professionals' freedom of speech protection. Oral arguments are scheduled for October 2025, with a decision by June 2026.

I believe it will end in a 5-4 vote in favor of Salazar. I believe the majority will be Justices Alito, Thomas, Gorsuch, Barrett, and Kavanaugh, and the minority will be Chief Justice Roberts and Justices Kagan, Sotomayor, and Jackson.