What happened
The Supreme Court on Tuesday rejected a 2019 Colorado law barring licensed therapists from using “any practice or treatment” to change a child’s “gender expressions” or sexual orientation. The 8-1 ruling, written by Justice Neil Gorsuch, found that the “conversion therapy” ban, as applied to talk therapy, was a “presumptively unconstitutional” and “egregious assault” on First Amendment free speech protections.
Who said what
Every justice but Ketanji Brown Jackson rejected Colorado’s position that its never-enforced law “was not regulating free speech but outlawing substandard medical care — something courts have long allowed,” The Washington Post said. The law “censors speech based on viewpoint,” Gorsuch wrote, and tries to “enforce orthodoxy in thought or speech.”
Jackson warned in her dissent that the ruling could be “catastrophic” for the ability of states to “regulate the provision of medical care in any respect.” Because the court’s “majority plays with fire in this case,” she said, reading from the bench, “I fear that the people of this country will get burned.”
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What next?
The Supreme Court sent the case back to the U.S. 10th Circuit Court of Appeals, but “strongly hinted that the ban would fail” the “more stringent standard of review” Gorsuch laid out in his opinion, SCOTUSBlog said. In other words, CNN said, the “death sentence for the law” will “ultimately be carried about in another court.” About two dozen other states also “ban the discredited practice,” The Associated Press said, and Tuesday’s ruling is “expected to eventually make” those laws “unenforceable” as well.
