• Born Perfect

“This decision is narrowly about how conversion therapy can be regulated. It does not mean that conversion therapy is safe or legal. Conversion therapy is still medical malpractice and consumer fraud,” said NCLR’s Shannon Minter

WASHINGTON, DC — The U.S. Supreme Court today issued a ruling in Chiles v. Salazar, holding that Colorado’s law prohibiting licensed mental health professionals from practicing conversion therapy on minors likely violates the First Amendment’s free speech protections. The Court’s narrow decision addressed only one specific regulatory approach — advance restrictions on licensed mental health providers — and left untouched the broad array of legal tools such as malpractice and consumer fraud laws that protect LGBTQ youth and hold conversion therapists accountable for the harm they cause. As the decision today makes clear on p. 21, “a traditional malpractice action” remains viable and does not implicate free speech.

The National Center for LGBTQ Rights (NCLR), which has led the legal fight against conversion therapy for over three decades, stressed that today’s ruling does not “legalize” conversion therapy, does not immunize practitioners from civil liability, and does not alter the overwhelming medical and scientific consensus that conversion therapy is dangerous, ineffective, and harmful.

“This decision is narrowly about how conversion therapy can be regulated. It does not mean that conversion therapy is safe or legal. Conversion therapy is still medical malpractice and consumer fraud,” said Shannon Minter, Legal Director of the National Center for LGBTQ Rights. “Every major medical organization in this country condemns it. Survivors can still bring malpractice and consumer fraud claims. Licensing boards can still discipline providers who engage in unethical or harmful conduct. Policymakers still have tools to protect kids, and we are committed to using every one of them. Though today’s ruling is not the outcome we sought, our commitment remains unwavering — as does that of the families, survivors, and advocates who have stood beside us for thirty years.”

What Today’s Ruling Does — and Does Not — Mean

Today’s decision holds that Colorado’s specific licensing restriction — which prohibited mental health professionals from using conversion therapy with minor clients — constitutes regulation of protected speech under the First Amendment. The Court’s holding is limited to that regulatory mechanism.

The ruling does not:

• Declare conversion therapy safe, effective, or ethical
• Prevent survivors from bringing civil damages claims against practitioners who harmed them, such as consumer fraud, medical malpractice, intentional infliction of emotional distress, and others
• Strip licensing boards of authority to investigate and discipline practitioners whose conduct falls below the professional standard of care
• Invalidate consumer protection laws that prohibit fraudulent and deceptive practices
• Change the clinical consensus of any medical or mental health organization

Conversion Therapy Remains Dangerous and Discredited

The American Psychological Association, American Medical Association, American Academy of Pediatrics, American Psychiatric Association, and every other major medical and mental health organization in the United States continues to classify conversion therapy as harmful and without therapeutic benefit. Research consistently links conversion therapy to significantly increased rates of depression, anxiety, and suicide attempts among LGBTQ youth.

The Path Forward

NCLR and its partners are already advancing multiple strategies to protect LGBTQ youth in the wake of today’s ruling:

• Civil Remedies Legislation. NCLR is working with lawmakers in California, Colorado, Maryland, Illinois, and other states to pass legislation giving conversion therapy survivors an extended statute of limitations to sue for damages — an approach that avoids the First Amendment concerns raised in Chiles while preserving robust accountability for practitioners who cause harm.
• Licensing Accountability. State licensing boards retain full authority to investigate and discipline mental health professionals whose use of conversion therapy causes patient harm. NCLR will continue to press boards to use that authority aggressively.
• Consumer Protection Enforcement. State consumer protection laws prohibiting fraudulent and deceptive practices provide an independent avenue for accountability that is not affected by today’s ruling.

• Ongoing Litigation. NCLR will continue to challenge conversion therapy through every available legal avenue, including supporting survivors in bringing civil claims against practitioners.

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The National Center for LGBTQ Rights (NCLR) is a national legal organization committed to advancing rights and safety of LGBTQ people through litigation, legislation, policy, and public interest advocacy. Founded in 1977, NCLR is the first national LGBTQ legal organization founded by women, bringing a fierce commitment to racial and economic justice and to our community’s most vulnerable. For more information, visit www.nclrights.org.