The U.S. LGBTQ community was handed another setback on Tuesday when the Supreme Court sided with a religious counselor’s challenge to Colorado’s ban on “conversion therapy.” Here is a look at the historic decision that will have implications for about half of the country.

Supreme Court Paves Way to Overturn Ban on Conversion Therapy

The highest court in the land ruled in favor of a Colorado counselor's challenge to the state's ban on conversion therapy used for gay and transgender minors. The 8 - 1 decision said that the ban likely violates the First Amendment. While the ruling does not formally strike down the Colorado law, it means that lower courts will need to review it again. As a result, Colorado's law, and other state laws similar to it, are expected to be overturned by the lower courts across the country.

Colorado first passed the law in 2019 in an effort to protect gay and transgender youth from being subject to the practice of trying to convert sexual orientation or gender identity. Approximately half of the states in the U.S. have also banned this type of therapy for minors.

Justice Neil Gorsuch authored the opinion of the eight-justice majority. The case came down to whether therapy falls under the same umbrella as a medical practice or if it is protected by the First Amendment. The distinction is important as the federal government has the authority to regulate medical practices.

Gorsuch wrote that while Colorado sees its policy as "essential to public health and safety.....the First Amendment stands as a shield against any effort to enforce orthodoxy in thought or speech in this coun­try. "  The conservative justice said that the ruling reflects "a judgment that every American pos­sesses an inalienable right to think and speak freely."

The case was first brought to court by Kaley Chiles, a licensed counselor practicing in Colorado. Chiles challenged the ban on conversion therapy on grounds of the First Amendment. She also said that she would not practice controversial therapies such as the use of electric shock. Under the current Colorado law, Chiles and other therapists who practiced conversion therapy would have faced consequences such as fines of up to $5,000 and the loss of their licenses.

The Alliance Defending Freedom represented Chiles at the hearing in Washington, D.C. This religious law group has won several consequential cases in recent years.

Where the Liberal Justices Fell on the Issue

Not surprisingly, the court's six conservative justices sided with the majority ruling to overturn Colorado's ban. What was surprising to many judicial experts is that two members of the court's liberal wing joined their conservative colleagues in the ruling. Justices Elena Kagan and Sonia Sotomayor sided with the majority, while Justice Ketanji Brown Jackson was the only dissenting opinion.

Justice Jackson dissented from the bench, stating that her fellow judges were wrong to give cover to people trying to challenge the conversion therapy bans. Jackson said that the bans were protected by the Constitution even if they happened to place a burden on the speech of a medical care provider.

The Biden appointee wrote a 35-page dissent expressing her views. In a rare move, Jackson also elected to read portions of her opinion from the bench. This practice is generally reserved for extreme cases when a justice feels that the ruling is severely wrong.

What is Next for the Colorado Law and LGBTQ Rights

As previously noted, Tuesday's ruling does not technically strike down Colorado's existing ban. Instead, the case will be sent back to a lower court, where it will likely be overturned.

Tuesday's decision came on Transgender Day of Visibility, marking a blow for LGBTQ rights across the country on a day that should be celebrated. The court's conservative supermajority has not been favorable to the rights of these populations in recent years, repeatedly siding against members of the LGBTQ community in several cases.

Before breaking last summer, the court upheld a controversial Tennessee law that banned puberty blockers and hormone therapy for treatment for transgender minors. In 2023, the conservative court ruled in favor of a Christian website designer who did not want to create content celebrating same-sex weddings because of personal religious objections.

Just last November, the Supreme Court ruled in favor of the Trump administration policy requiring that the sex designation on a U.S. passport be the same as the traveler's biological sex. All three liberal justices objected to this ruling.

Most recently, a quick-turn ruling earlier in March blocked an education policy in California restricting teachers from informing parents about a student's gender expression in class. The state argued that the policy was designed to protect trans minors from abuse at home.

The consequential cases for the LGBTQ community will continue this year. The Supreme Court is expected to hear two cases later this term questioning whether states should be allowed to ban transgender students from competing on sports teams that align with their chosen gender identity. Oral arguments surrounding the cases earlier this year signaled that the court will likely uphold the ban.

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