For years, New Jersey has been one of the states leading the fight against conversion therapy.
Now, that protection is on shakier ground.
In a sweeping 8–1 decision in Chiles v. Salazar, the U.S. Supreme Court ruled that Colorado’s ban on conversion therapy for minors likely violates the First Amendment—because it restricts what therapists are allowed to say.
And while the ruling technically applies to Colorado, its impact doesn’t stop there.
It reaches states like New Jersey next.
What New Jersey Has Protected—Until Now
New Jersey was one of the first states in the country to ban conversion therapy for minors back in 2013.
That law:
- Prohibits licensed therapists from attempting to change a minor’s sexual orientation or gender identity
- Has survived multiple legal challenges
- Was upheld even when brought to the Supreme Court in earlier cases
New Jersey didn’t just pass a law—it helped set a national standard.
Why This Ruling Changes Everything
The Supreme Court didn’t say conversion therapy is valid.
It didn’t say it’s safe.
But it did say that banning certain types of therapy based on the message being expressed is likely unconstitutional.
That’s a problem.
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Because New Jersey’s law—like Colorado’s—focuses on the goal and content of therapy, not just the conduct.
And according to the Court:
Laws that restrict speech based on viewpoint are “presumptively unconstitutional.”
That puts laws like New Jersey’s directly in the legal crosshairs.
What Happens Next
Nothing changes overnight.
New Jersey’s ban is still law—for now.
But here’s what’s likely coming:
- Legal challenges targeting state bans across the country
- Lower courts applying stricter constitutional scrutiny
- Some laws being weakened, narrowed, or struck down
Experts warn this ruling could threaten similar bans in more than 20 states.
This won’t be one decision.
It’ll be a wave.
Why New Jersey Is Still Different
Even if parts of the ban are challenged, New Jersey still has something many states don’t:
A legal history of treating conversion therapy as fraud.
In the landmark case Ferguson v. JONAH, a jury found that conversion therapy providers violated the state’s consumer fraud laws and ordered them to shut down.
That matters.
Because even if speech-based bans are weakened, fraud, malpractice, and harm are still illegal.
And those tools may become the front line.
What NJ Leaders Are Signaling
In the immediate aftermath of the ruling, New Jersey LGBTQ+ advocates and Democratic leaders have been clear:
The fight isn’t over.
The focus is shifting.
Instead of relying only on bans, states like New Jersey may need to:
- Strengthen consumer protection enforcement
- Expand malpractice liability
- Require informed consent and disclosures
- Build stronger protections specifically for minors
The strategy is changing—but the goal isn’t.
What This Means for People in New Jersey
For LGBTQ+ youth and families, the impact is real—but complicated.
Right now:
- The ban still exists
- Licensed therapists are still restricted
- Protections are still in place
But long-term?
The certainty is gone.
Without strong, enforceable bans, the burden may shift:
- From prevention → to accountability after harm
- From clear rules → to case-by-case enforcement
And that’s a harder system to navigate—especially for young people.
The Bottom Line
New Jersey didn’t lose its conversion therapy ban today.
But it did lose the legal ground that made that ban secure.
What comes next isn’t automatic.
It depends on:
- How aggressively states defend their laws
- How quickly they adapt
- And whether new protections are built before old ones fall
Because after this ruling, the question isn’t whether states like New Jersey care about protecting LGBTQ+ youth.
It’s whether the law will still let them.
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Kirstyn Piper Plummer is a Mom, Wife, Photographer, Reporter, IT Administrator and many other things.
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