Advisory Opinions Conversion Therapy and Free Speech
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Oct 9, 2025 Hosts delve into a pivotal Supreme Court case on conversion therapy, noting the surprisingly low media coverage. They explore First Amendment implications and the nuances of Colorado's Minor Protection Act. Justice Sotomayor raises provocative hypotheticals about therapy versus medical treatment, igniting a debate on malpractice versus state bans. Additionally, they discuss the federal deployment of the National Guard in Portland and tackle listener questions about sentencing and court preferences, providing a dynamic blend of legal insights and lively commentary.
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Supreme Court Likely To Protect Talk Therapy
- The Court likely will reverse the Tenth Circuit and treat talk-based conversion therapy as First Amendment speech subject to strict scrutiny.
- Labeling counseling as 'treatment' or 'licensing' does not automatically remove it from constitutional protection.
Statute’s Structure Reveals Viewpoint Risk
- Colorado's law targets licensed-minor talk therapy while leaving adults and unlicensed conversations untouched, revealing viewpoint-based regulation risks.
- Childs argues the ban silences professionals holding disfavored views and discriminates based on message.
Broad Definition Expands Beyond 'Shock' Therapies
- The statute's 'including' clause sweeps beyond shock therapies into ordinary conversations about behavior and identity.
- That breadth makes a regulatory label insufficient to evade First Amendment scrutiny.
