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Kevin Cope, Professor of Law, University of Virginia

Supreme Court ruling on Colorado conversion therapy case is not a clear win for conservatives

The U.S. Supreme Court found a Colorado law banning conversion therapy for gay and transgender minors likely violates free speech. Roberto Schmidt/Getty Images

In an 8-1 decision authored by Justice Neil Gorsuch, the Supreme Court held on March 31, 2026, that a Colorado law prohibiting licensed counselors from performing “conversion therapy” on minors was likely unconstitutional as applied to talk therapy. Justice Elena Kagan filed a separate concurrence, joined by Justice Sonia Sotomayor. Justice Ketanji Brown Jackson dissented.

I am a law professor and political scientist who teaches and writes on free expression and discrimination. I see this holding as a potentially important decision at the intersection of free speech and health care.

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