Conversion Therapy Isn’t Gone — But States Still Have Ways to Fight Back

The Supreme Court may have struck down Colorado’s ban on conversion therapy for minors—but it didn’t eliminate the state’s ability to act.

What it did was force a fundamental shift.

Because according to the Court’s 8–1 ruling in Chiles v. Salazar, the problem wasn’t that Colorado tried to protect LGBTQ+ youth.

It’s that the law targeted what therapists say, not what they do.

And under the First Amendment, that distinction changes everything.

So if outright bans on “conversion therapy speech” are now on shaky ground, what can states still do?

The answer is more complicated—but far from hopeless.

---

1. Regulate Harm, Not Words

The clearest path forward is also the most important: focus on harmful conduct instead of protected speech.

The Court left this door open.

States can still regulate:

• Coercive or forced treatment practices
• Techniques that cause measurable psychological harm
• Deceptive or fraudulent “therapies”
• Practices that fall outside accepted standards of care

The shift is subtle, but critical.

Instead of saying:

More Stories from QueerDispatch

• Hungary Moves to Undo Anti-LGBTQ+ ‘Propaganda’ Rules as Turkey Detains 150 Protesters
• Appeals Court Upholds Hamtramck’s Pride-Flag Ban, Calling City Flagpoles Government Speech

“You can’t try to change someone’s identity”

States may need to say:

“You can’t harm patients while claiming to provide care”

That distinction could determine whether a law survives—or gets struck down.

---

2. Strengthen Informed Consent Laws

If states can’t ban the message, they can require that the message comes with full transparency.

That means laws requiring therapists to disclose:

• That conversion therapy is rejected by major medical organizations
• That it carries documented mental health risks
• That there is no credible evidence it works

These disclosures could be required:

• In writing
• Before treatment begins
• With explicit acknowledgment from parents and minors

It doesn’t stop the practice outright.

But it removes the ability to present it as legitimate care without consequences.

---

3. Redefine Professional Standards

Licensing boards still have significant authority—and that may become one of the most powerful tools available.

States can:

• Define certain practices as unprofessional conduct
• Discipline therapists for misrepresentation or harm
• Require adherence to evidence-based standards of care

This approach reframes the issue.

It’s no longer about banning speech.

It’s about regulating professional behavior within a licensed field—something courts have historically allowed.

---

4. Target Coercion and Exploitation

Even under stronger free speech protections, states typically retain more authority when it comes to protecting minors.

That opens the door to laws that focus on:

• Therapy conducted under coercion or pressure
• Situations where minors are denied meaningful consent
• Programs that isolate, manipulate, or psychologically pressure participants

Rather than banning the idea of conversion therapy, these laws target how it’s imposed.

---

5. Expand Consumer Protection Laws

Another underused—but potentially powerful—tool is consumer protection law.

States can act against:

• False advertising (“this will change your orientation”)
• Misleading claims about effectiveness
• Financial exploitation tied to unproven treatments

If conversion therapy is framed as a service, it can be regulated like one.

And that includes cracking down on fraud and deception.

---

6. Support Affirming Care Infrastructure

Regulation alone isn’t enough.

States can also invest in:

• Access to affirming mental health care
• Public education campaigns
• Resources for families navigating identity-related questions

Because part of what allows harmful practices to persist is lack of accessible alternatives.

---

The Reality Going Forward

The Supreme Court didn’t eliminate protections.

But it made them harder to implement—and easier to challenge.

The era of simple, clearly worded bans may be over.

What comes next will be:

• More technical
• More complex
• And, in many cases, less visible to the public

Which creates its own risk.

Because when protections become harder to understand, they also become easier to weaken.

---

The Bottom Line

States like Colorado aren’t out of options.

But they are out of easy ones.

Protecting LGBTQ+ youth from conversion therapy didn’t end with this ruling.

It just entered a new phase—one where the fight shifts from what can be banned to what can be regulated, exposed, and prevented.

And that distinction may define the next chapter of LGBTQ+ protections in the United States.

---

Follow this blog on Mastodon or the Fediverse to receive updates directly in your feed.