The Therapeutic Couch Has Two Conversion Problems: Another Perspective on Chiles v. Salazar

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Why it matters

Chiles v. Salazar is a U.S. Supreme Court case decided on March 31, 2026, in an 8-1 ruling authored by Justice Gorsuch, which held that Colorado's Minor Conversion Therapy Law (MCTL)—banning licensed mental health professionals from providing conversion therapy to minors—regulates speech based on viewpoint when applied to talk therapy, requiring strict scrutiny review rather than rational-basis review.[1][2][4][6] The Court reversed lower court denials of a preliminary injunction sought by petitioner Kaley Chiles and remanded for further proceedings, emphasizing that licensed professionals retain full First Amendment protections and that the law targets expressive content, not just conduct like aversive interventions.[1][5][13]

Key parties include Kaley Chiles, a licensed Colorado counselor offering only talk therapy aimed at aligning minors' gender perception with their birth sex; the State of Colorado (defendant, represented by Attorney General Phil Salazar in the case name); lower courts (district court and Tenth Circuit, which upheld the ban as professional conduct regulation); and organizations filing amicus briefs, such as The Trevor Project and medical groups opposing conversion therapy as harmful.[1][2][4][7] The MCTL, enacted around 2019, penalized violations via professional discipline.[9][13]

The case arose after Colorado passed the MCTL to protect minors from practices deemed ineffective and harmful by major medical organizations, prompting Chiles to sue in federal court for an as-applied First Amendment challenge, which lower courts rejected before Supreme Court certiorari in 2024 resolved a circuit split.[1][2][4][6] Timeline: Law enactment (~2019); Chiles sues post-adoption; district/Tenth Circuit deny injunction (pre-2026); Supreme Court argues, rules March 31, 2026.[1][9]

Newsworthy now due to the fresh ruling's implications: it weakens state bans on conversion therapy talk therapy in over 20 states, potentially spurring challenges, while broadening First Amendment limits on professional speech regulation beyond LGBTQ+ issues (e.g., ideological harms to Jewish patients).[3][14][15] Critics highlight risks to youth mental health, with Justice Jackson dissenting on the ban's basis in medical consensus against harmful practices.[4][9][11]

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