Supreme Court Allows Licensed Mental Health Practitioners to Traumatize Children

WASHINGTON, DC— Today, the U.S. Supreme Court invalidated a Colorado law that protects children from the dangerous practices of so-called "conversion therapy,” putting at risk the safety and wellbeing of children in Colorado,  23 other states, and DC with similar restrictions. In its ruling in Chiles v. Salazar, the Court overruled best practice medical guidance, allowing kids to be subjected to harmful, abusive, and discredited attempts to “convert” their gender identity or sexual orientation by state licensed mental health practitioners. 

Human Rights Campaign President Kelley Robinson released the following statement: 

“Today’s reckless decision means more American kids will suffer. The Court has weaponized free-speech in order to prioritize anti-LGBTQ+ bias over the safety, health and wellbeing of children. So-called ‘conversion therapy’ is pseudoscience, not real therapy. It has been condemned by every mainstream medical and mental health association and harms families, traumatizes children and robs people of their faith communities. It is cruel and should never be offered under the guise of legitimate mental healthcare. To undermine protections that keep kids and families safe from these abusive practices is shocking — and our children deserve better. 

“Our fight is far from over. We remain committed to protecting children against these abusive practices that tear apart families and will continue to work alongside our coalition partners to ensure that no kid has to be subjected to guilt, coercion and rejection as they seek help to better understand themselves and grow.”

On behalf of leading health care scholars, the HRC Foundation filed an amicus brief in the case in support of Colorado’s law, addressing how the state's ability to license professional counselors and regulate mental health treatment (that includes speech as a component) is distinct from regulating other forms of speech. The scholars argued that conflating the two would disrupt “established frameworks that have long protected patients and improved the quality of care."

In her dissent, Justice Ketanji Brown Jackson cited HRC Foundation’s amicus brief and laid out the stakes of this decision: “Ultimately, because the majority plays with fire in this case, I fear that the people of this country will get burned. Before now, licensed medical professionals had to adhere to standards when treating patients: They could neither do nor say whatever they want. Largely due to such State regulation, Americans have been privileged to enjoy a long and successful tradition of high-quality medical care. Today, the Court turns its back on that tradition.” 

Background on the Case: 

Chiles v. Salazar challenged Colorado’s legal, state-wide restrictions on so-called “conversion therapy” practices which protected Colorado’s youth from abusive attempts to change their sexual orientation or gender-identity under the guise of therapy. The lawsuit was brought forward by a Colorado plaintiff under claims that the law infringes on her free speech protections, but the district court disagreed. After the district court denied a motion for a preliminary injunction to block enforcement of the law for the plaintiff, the case was appealed to the Tenth Circuit. On appeal, the Tenth Circuit Court affirmed, finding that the law likely did not infringe upon the plaintiff’s rights under the First Amendment. On March 10, 2025 the Supreme Court announced it would take up the case, and oral arguments were heard in October of last year. 

The plaintiff in the case was represented by the Alliance Defending Freedom, an anti-LGBTQ+, extremist organization that received a hate group designation by the Southern Poverty Law Center. The Alliance Defending Freedom is also responsible for a slew of anti-LGBTQ+ cases, including Masterpiece Cakeshop v. Colorado, 303 Creative v. Elenis, and the infamous reversal of Roe v. Wade, Dobbs v. Jackson Women’s Health. 

The Dangers of So-Called “Conversion Therapy”: 

So-called “conversion therapy” refers to a range of dangerous and discredited practices that seek to change someone’s sexual orientation or gender identity. These practices subject patients to behavior modification and aversive treatments, as well as highly discredited psychoanalytic theories such as the claim that being LGBTQ+ is caused by faulty parenting. Such practices have been rejected by every mainstream medical and mental health organization for decades. (Note that this case involves a law that regulates individuals offering mental health treatment in their licensed professional capacity with no impact on religious counseling.) Minors are especially vulnerable, and conversion therapy can lead them to depression, anxiety, drug use, homelessness, and suicide.

According to the Trevor Project’s 2021 National Survey on LGBTQ+ Youth Mental Health, 13% of surveyed LGBTQ+ young people ages 13–24 reported being subjected to so-called “conversion therapy” practices, with 83% of them reporting that it occurred when they were under the age of 18. Additionally, a peer-reviewed study by The Trevor Project’s researchers, published in the American Journal of Public Health, found that LGBTQ+ youth who underwent sexual orientation or gender identity conversion efforts were more than twice as likely to report having attempted suicide. 

The Human Rights Campaign (HRC) is the nation’s largest LGBTQ+ civil rights organization working to achieve equality for lesbian, gay, bisexual, transgender and queer (LGBTQ+) people, with 3.6 million members and supporters. The HRC Foundation (a 501(c)(3)) works to ensure LGBTQ+ people are safe, seen and supported where it matters most: at school, at work and in every community across the country. From the courtroom to the classroom, from Congress to corporate America, HRC and the HRC Foundation build power through partnerships, storytelling, and action—working to create a future rooted in equity, freedom and belonging for all LGBTQ+ people.