Conversion Therapy in Colorado

Conversion Therapy in Colorado

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What the New Law Changes Conversion therapy (also called sexual orientation or gender identity change efforts) includes any practices meant to change a person’s sexual orientation, gender identity, or gender expression to make them straight or cisgender. These can involve talk therapy, religious counseling, hypnosis, or other methods. Major medical groups like the American Psychological Association say these efforts don’t work and can cause real harm, including higher risks of depression, anxiety, and suicidal thoughts.

The Supreme Court Ruling In March 2026, the U.S. Supreme Court ruled in the Chiles v. Salazar case that Colorado’s 2019 ban on conversion therapy for minors was unconstitutional. The Court said the old law unfairly singled out one type of speech: therapists could help kids explore or accept their identity, but they couldn’t try to change it. The ruling didn’t say conversion therapy is good or safe—it just said the state couldn’t ban it in a one-sided way.

Colorado’s New Law: HB26-1322 On June 1, 2026, Governor Jared Polis signed HB26-1322 (Civil Actions for Conversion Therapy Survivors) into law. It takes effect July 1, 2026.The new law tries to protect people—especially kids—while following the Supreme Court’s free speech rules.

What the Law Actually Does:

  • For children under 18: Licensed therapists can no longer actively try to change a minor’s orientation or gender identity. Doing so opens them up to lawsuits with no deadline and potentially large payouts. Religious or non-licensed counseling isn’t directly banned but carries more risk.
  • For adults: It remains legal. Adults can still choose these services if they want, but licensed professionals could still be sued if the person is harmed.
  • Right to Sue: If someone is harmed by these efforts, they can sue the licensed professional in civil court. They can also sue the therapist’s boss or employer if they knew about it and didn’t stop it. Courts can award money for medical bills, lost wages, emotional pain, and—in serious cases—extra money to punish bad behavior.
  • No Time Limit: People can file a lawsuit at any time, even many years later. This recognizes that emotional harm often doesn’t show up right away. If the person has passed away, their family can still sue within five years of the death.

What’s Not Affected: Normal counseling about relationships, dating, or general life issues is fine. So is helping someone explore their feelings without the therapist having a fixed goal in mind.

Key Debates

  • For gender identity: Efforts to discourage transition or encourage alignment with biological sex are sometimes labeled “conversion” by opponents but defended by others as ethical caution against medical interventions (e.g., puberty blockers, hormones) with uncertain long-term outcomes, especially for youth with comorbidities.
  • Ethics: Proponents of bans emphasize “do no harm” and evidence-based care. Opponents highlight client autonomy (for adults) and concerns that broad definitions could chill legitimate therapy for trauma, OCD, or desistance in gender-questioning youth.

In summary, the prevailing scientific and professional view is that conversion therapy lacks efficacy for its stated goals and carries documented risks, leading to widespread opposition from health bodies. Practices continue in limited contexts, and debates over regulation remain active, balancing harm prevention with individual/parental liberties. For personal concerns, consult licensed, evidence-based mental health professionals.

Who Can Be Sued:

  • Licensed mental health professionals who engaged in the efforts.
  • Employers/supervisors who knew or should have known and failed to stop it.
  • Those who negligently hired, supervised, or retained such professionals.
  • Damages: Economic, noneconomic, exemplary (punitive if willful/wanton), and other court-appropriate damages.
  • Definition of “Sexual Orientation or Gender Identity Change Efforts” Any practice by a licensed mental health professional that seeks to direct a patient toward a predetermined sexual orientation or gender identity outcome, or to eliminate/reduce attractions/feelings toward a particular sex/gender — regardless of the direction of that outcome.

      Exclusions (important for viewpoint neutrality):

      • Counseling providing acceptance, support, or identity exploration without directing toward a predetermined outcome.
      • Neutral therapy on sexual orientation/gender identity.
      • Therapy related to sexual behaviors/relationships (if not directing a predetermined outcome).
      • Assistance with gender transition (in some contexts).

      How the Bill was passed:

      • Sponsors: Reps. Alex Valdez & Karen McCormick; Sens. Lisa Cutter & Kyle Mullica (Democrats).
      • Passed House Judiciary (7-2), House floor, Senate Judiciary, Senate floor, and was signed.
      • It includes a safety clause for immediate effect (July 1, 2026).

       Conversion Therapy Still Legal in Colorado?

      Yes, with significant limitations—but it is now riskier and more limited than before:

      • For Minors: Directing a minor toward a predetermined sexual orientation or gender identity outcome by a licensed professional is effectively prohibited under the updated, viewpoint-neutral rule. Violations expose practitioners to civil lawsuits with unlimited time to file and potential high damages. Religious or non-licensed counseling may still occur but lacks professional licensure protections.
      • For Adults: No ban exists. Consenting adults can still seek or provide such services, though civil liability for harm could apply if the practitioner is a licensed mental health professional.
      • Practical Impact: The combination of civil liability, no time limit for suits, and potential punitive damages is expected to make the practice financially prohibitive for many licensed professionals. Critics, including groups like the Colorado Union of Taxpayers, argue it creates a chilling effect on exploratory therapy and parental rights. Supporters view it as essential accountability for harmful practice

      Summary of Conversion Therapy in Colorado (as of June 2026) Conversion therapy refers to any attempt by a licensed mental health professional to change, suppress, or alter a person’s sexual orientation or gender identity — typically trying to make someone straight or cisgender.

      Current Legal Situation in Colorado

      • Before 2026: Colorado had a ban on conversion therapy for minors (since 2019).
      • March 2026: The U.S. Supreme Court ruled in Chiles v. Salazar (8-1) that the old ban was unconstitutional because it was viewpoint-discriminatory — it restricted therapists from steering toward one outcome (e.g., heterosexuality) while allowing them to steer toward another (e.g., affirmation). The Court sent the case back for further review but did not say conversion therapy itself is good or effective.
      • June 1, 2026: Governor Jared Polis signed HB26-1322 (“Civil Actions for Conversion Therapy Survivors”). It takes effect July 1, 2026.

      What the new law does:

      • Licensed therapists cannot direct a minor toward any predetermined outcome on sexual orientation or gender identity (applies both ways — no pushing to be gay/straight, trans/cis, etc.).
      • Neutral exploration, support, acceptance, and open counseling are still allowed.
      • Survivors can sue licensed professionals (and sometimes their employers) for harm at any time — no statute of limitations.
      • Possible damages include medical costs, emotional distress, lost wages, and punitive damages in serious cases.
      • Governor Polis also issued an executive order blocking state funding for conversion therapy.

      Bottom line:

      It is still legal for adults who consent. For minors, licensed professionals face major practical barriers due to the risk of unlimited-time lawsuits. Religious or unlicensed counseling is less directly affected.

      What’s your thoughts?

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