US Supreme Court rules on Conversion Talk Therapy

[rareboy]

More than 20 enlightened countries forbid the practice.

The US has now taken a huge backward step to align with the repressive regimes that permit it.

It is a sad, sad day for lgbtq youth in the US.

Kids can be subjected to harmful 'conversion therapy,’ U.S. Supreme Court rules (Advocate; March 31, 2026)

 

[unloadonme]

A step backwards indeed.

Successive UK governments have talked about making conversion therapy illegal, but the talk never seems to be followed up with action. I don't know what the problem is. The legislation would not be particularly contentious.

 

[opinterph]

In her practice, [Plaintiff-Appellant Kaley Chiles - a licensed professional counselor] claims to exclusively use talk therapy. The Court determined that such talk does not constitute therapeutic conduct and is protected by the First Amendment rights of free exercise and free speech. The Court’s ruling is narrow and does not address the Constitutionality of other forms of Conversion Therapy. It is reasonable to assume that Colorado can rewrite its law to prohibit Conversion Therapy, while conforming with this ruling.

CHILES v. SALAZAR
( Argued October 7, 2025—Decided March 31, 2026)

While the First Amendment protects many and varied forms of expression, the spoken word is perhaps the quintessential form of protected speech. And that is exactly the kind of expression in which Ms. Chiles seeks to engage. As a talk therapist, all Ms. Chiles does is speak with clients; she does not prescribe medication, use medical devices, or employ any physical methods.

… In many applications, the State’s law banning “conversion therapy” may address conduct—such as aversive physical interventions. But here, Ms. Chiles seeks to engage only in speech, and as applied to her the law regulates what she may say. Her speech does not become conduct just because the State may call it that. Nor does her speech become conduct just because it can also be described as a “treatment,” a “therapeutic modality,” or anything else.

 

[KaraBulut]

... It is reasonable to assume that Colorado can rewrite its law to prohibit Conversion Therapy, while conforming with this ruling.

I'm hoping this is the case.

We've had a previous discussion in the forum about the ineffectiveness of conversion therapy. This SCOTUS decision landed exactly where I expected it would, given the First Amendment's guarantee of Free Speech and Freedom of Religion, and the government's prohibition for interfering with both freedoms. We can't make the argument that the government's restrictions on transgender therapy and abortion are unconstitutional free speech restrictions, and then try to carve out forms of psychotherapy we don't agree with.

Legislators need to get out of the business of micromanaging medical and psychological care. The professional organizations need to ban the practice but that still leaves a big gaping hole: most US States exempt ministers from licensing and educational requirements for psychotherapists. And I suspect that many of these "ex-gay" and conversion therapies are rooted in religious "counseling".

 

[opinterph]

We can't make the argument that the government's restrictions on transgender therapy and abortion are unconstitutional free speech restrictions, and then try to carve out forms of psychotherapy we don't agree with.

Who is "we?"

I suspect that many of these "ex-gay" and conversion therapies are rooted in religious "counseling".

The Trevor Project identified more than 1,320 conversion therapy practitioners across 48 U.S. states and the District of Columbia, including 605 (46%) who hold active professional licenses and 716 (54%) operating in a ministerial or religious capacity.

New Report Reveals Alarming Prevalence of Conversion Therapy, With Over 1,300 Active Practitioners Across the U.S. (Trevor Project; December 2023)

 

[KaraBulut]

Who is "we?"

United States v. Skrmetti - Wikipedia

en.wikipedia.org

Parental Rights, Free Speech Issues Survive Trans Care Decision

Opinion: Southwestern Law's Hila Keren writes that the Supreme Court's Skrmetti decision leaves questions about due process and the First Amendment unanswered.

news.bloomberglaw.com

The Trevor Project identified more than 1,320 conversion therapy practitioners across 48 U.S. states and the District of Columbia, including 605 (46%) who hold active professional licenses and 716 (54%) operating in a ministerial or religious capacity.

New Report Reveals Alarming Prevalence of Conversion Therapy, With Over 1,300 Active Practitioners Across the U.S. (Trevor Project; December 2023)

As I expected.

The statistic misses a crucial group of religious-affiliated therapists and who have a license who rely heavily upon referrals from ministers. There's a cottage industry in Utah and Nevada of therapists and "residential treatment programs" for adolescents that are tied to the LDS church. All of the major professional organizations have statements that say that "reparative therapy" is not a recommended practice and it is not taught in accredited training programs for therapists. Therapists are poorly regulated at the State level by the licensing and regulatory boards/agencies, so a therapist can conduct highly questionable treatments and call it "therapy".

https://www.apa.org/about/policy/psychological-sexual-minority-persons.pdf

Position on Reparative Therapy | AASECT:: American Association of Sexuality Educators, Counselors and Therapists

The American Association of Sexuality Educators, Counselors and Therapists (AASECT) takes the position that having a non-heterosexual sexual orientation, that being transgender and that being gender non-conforming, are not mental disorders. We oppose any “reparative” or conversion therapy that...

www.aasect.org

Conversion Therapy

www.aacap.org

In several cases, the therapists' licenses have been suspended for abuses and they reinvent themselves as "life coaches", doing the same thing that they did before on a cash/no insurance assignment of benefits basis.

Jodi Hildebrandt - Wikipedia

en.wikipedia.org