Chiles v. Salazar

The Court ruled that Colorado's conversion-therapy ban, when applied to Kaley Chiles's talk therapy, regulates speech based on viewpoint. It reversed the Tenth Circuit and sent the case back for a more demanding First Amendment review.

Justice Gorsuch wrote the 8–1 opinion, joined by Chief Justice Roberts and Justices Thomas, Sotomayor, Kavanaugh, Barrett, and Alito; Justice Kagan concurred; Justice Jackson dissented.

Justice Neil Gorsuch wrote the Court's 8-1 opinion, joined by Justices Thomas, Roberts, Sotomayor, Kavanaugh, Barrett, and Alito. Justice Kagan concurred, and Justice Jackson dissented.

Majority

Gorsuch

Thomas

Roberts

Sotomayor

Kagan

Kavanaugh

Barrett

Alito

Dissent

Jackson

“Colorado's law, as applied to Ms. Chiles's talk therapy, "regulates speech based on viewpoint."”

The decision means Colorado's restriction cannot stand without a tougher constitutional justification. It directly affects Chiles and may affect counselors whose talk therapy is covered by the law.

The case returns to the lower courts, which must reconsider Chiles's challenge using the more demanding First Amendment review required by the Court. Colorado agencies and affected parties will await that further ruling.

The Court said Colorado's law regulates speech based on viewpoint when applied to Chiles's talk therapy. It reversed the Tenth Circuit and sent the case back.

Chiles is directly affected, along with Colorado counselors whose talk therapy falls under the conversion-therapy ban. The ruling does not end the case.

Lower courts must reconsider the challenge under a more demanding First Amendment review. Colorado's agencies must follow the result of that further court action.