Colorado May Allow Lawsuits Against Conversion Therapy Providers Following Supreme Court Ruling

The United States Supreme Court ruled against Colorado’s youth conversion therapy ban on Tuesday, March 31. But the state is already pursuing other methods to shield the LGBTQ+ community from the discredited practice.

A proposed new law, House Bill 26-1322, would establish a cause of action for patients harmed by conversion therapy to sue the mental health professionals who subjected them to it. The bill passed its first vote in the House Judiciary Committee, 7-2, on March 25 — six days before the Supreme Court issued its decision.

“In Colorado, you belong just the way you are,” said State Representatives Alex Valdez and Karen McCormick, sponsors of HB 1322, in a joint statement. “Now more than ever, we must protect LGBTQ+ Coloradans from the harmful practice that is conversion therapy. We vow to keep moving forward to safeguard the rights of the LGBTQ+ community in Colorado.”

Conversion therapy is a treatment used to try to change a person’s sexual orientation or gender identity. The practice has been denounced as harmful and ineffective by every major medical organization in the country, including the American Medical Association, American Psychological Association and American Counseling Association.

Colorado legislators prohibited conversion therapy for people under eighteen in 2019. Another 23 states and Washington, D.C., have also banned conversion therapy for minors.

Kaley Chiles, an Evangelical Christian therapist out of Colorado Springs, challenged Colorado’s ban in court, arguing that it violates her free speech rights. In an 8-1 decision, the conservative-majority Supreme Court ruled in Chiles’s favor on Tuesday, sending the state law to a lower court to decide if it meets a legal standard that few laws pass.

“Colorado’s law addressing conversion therapy does not just ban physical interventions. In cases like this, it censors speech based on viewpoint,” Justice Neil Gorsuch wrote in the decision. “Colorado may regard its policy as essential to public health and safety. Certainly, censorious governments throughout history have believed the same. But the First Amendment stands as a shield against any effort to enforce orthodoxy in thought or speech in this country.”

Chiles celebrated the ruling in a statement: “When my young clients come to me for counsel, they often want to discuss issues of gender and sexuality. I look forward to being able to help them when they choose the goal of growing comfortable with their bodies. Counselors walking alongside these young people shouldn’t be limited to promoting state-approved goals.”

Colorado leaders disagree, noting that conversion therapy has been widely found to be ineffective and cause serious risks of harm to patients, including greater symptoms of depression, post-traumatic stress disorder and suicidality. They argue that the state has the authority and responsibility to regulate health care, including mental health treatments like talk therapy.

Governor Jared Polis, the nation’s first openly gay man elected governor, and Attorney General Phil Weiser, who is running to succeed Polis this year, released statements condemning the Supreme Court’s ruling as restricting Colorado from protecting children.

“I am evaluating the U.S. Supreme Court ruling and working to figure out how to better protect LGBTQ youth and free speech in Colorado,” Polis said. “We are fighting for everyone’s right to be who you are in our Colorado for all.”

If HB 1322 passes the state legislature, it will go to Polis for final approval to become law.

Under the bill, a person who suffered “psychological injury or illness” from efforts to change their sexual orientation or gender identity could bring a lawsuit against the licensed mental health professional and/or their employer. The victim could be awarded economic, non-economic and exemplary damages.

The bill would take effect on July 1. It would allow civil action to be commenced at any time, without being subject to typical statutes of limitations. 

The LGBTQ+ nonprofit One Colorado is advocating for the passage of HB 1322, calling it “critical” in the wake of the Supreme Court’s ruling.

“This decision only reinforces the urgent need for state-level protections,” the organization said in a statement. “[HB 1322] provides a pathway for accountability, allowing survivors to seek justice against those who administer this harmful practice. We remain committed to ensuring that those responsible for such profound damage are held accountable.”

More than a dozen groups have registered in support of the bill, including the Colorado Center on Law and Policy, Mental Health Colorado, the Colorado Psychological Association, the Colorado Consumer Health Initiative, Vivent Health, and Rocky Mountain Equality, according to the Secretary of State’s Office.

Just one organization has registered in opposition to the bill as of Tuesday: Colorado Parent Advocacy Network.

HB 1322 is expected to face a full vote in the House of Representatives in the coming days.