WASHINGTON (AP) — The Supreme Court on Tuesday ruled against a law banning “conversion therapy” for LGBTQ+ kids in Colorado, one of about two dozen states that ban the discredited practice.
An 8-1 high court majority sided with a Christian counselor who argues the law banning talk therapy violates the First Amendment. The justices agreed that the law raises free speech concerns and sent it back to a lower court to decide if it meets a legal standard that few laws pass.
Justice Neil Gorsuch, writing for the court, said the law “censors speech based on viewpoint.” The First Amendment, he wrote, “stands as a shield against any effort to enforce orthodoxy in thought or speech in this country.”
A state could similarly not ban talk therapy designed to affirm a minor’s sexual orientation or gender identity, Kagan wrote. “Once again, because the State has suppressed one side of a debate, while aiding the other, the constitutional issue is straightforward,” she wrote.
In a solo dissent, Justice Ketanji Brown Jackson wrote that states should be free to regulate health care, even if that means incidental restrictions on speech. The decision, Jackson wrote, “opens a dangerous can of worms” that “threatens to impair states’ ability to regulate the provision of medical care in any respect.”
The high court agreed to hear the case after the 10th U.S. Circuit Court of Appeals in Denver upheld the law. Another Atlanta-based appeals court, the 11th U.S. Circuit Court of Appeals, had struck down similar bans in Florida.
Source: Supreme Court rules against Colorado ban on LGBTQ+ ‘conversion therapy’ | AP News