Supreme Court Should Uphold State Bans on Conversion Therapy as Professional Regulation, Not Speech Restriction
Source: Matt R. Salmon. "Will the Supreme Court revive the discredited "treatment" I suffered as a child?." March 11, 2026. slate.com
The Gist
The author argues that states should be allowed to ban conversion therapy because it's not really about free speech - it's about stopping licensed professionals from using fake medical treatments that hurt kids. Just like doctors can't lie about cancer cures, therapists shouldn't be allowed to promise they can change someone's sexual orientation when science shows this doesn't work and causes serious psychological harm.
Conclusion
The Supreme Court should uphold state bans on conversion therapy because they regulate fraudulent professional conduct, not protected speech, and such practices cause documented harm while lacking scientific validity
Premises
- Conversion therapy is medically fraudulent - major medical organizations (APA, AMA, AACAP) have condemned it as dangerous and unsupported by evidence
- People subjected to conversion therapy face significantly higher rates of depression, anxiety, and suicide attempts according to unequivocal data
- When licensed clinicians deliver words as treatment, that speech becomes professional conduct subject to medical standards, not casual First Amendment-protected conversation
- States have established authority to regulate professional conduct, even speech-based conduct, when necessary to prevent fraud or harm (citing NIFLA v. Becerra)
- Professional treatment requires evidence-based standards - therapists cannot make false promises to clients, just as they cannot falsely promise cancer cures
- The therapy relationship involves a power imbalance between licensed professionals and vulnerable children seeking care
- Colorado's law regulates fraudulent practice under professional license, not opinions about sexuality or faith
Assumptions
- Sexual orientation and gender identity are not disorders that need to be 'fixed'
- Professional medical standards should govern all forms of licensed therapy, including talk therapy
- The state's interest in protecting children from harm outweighs therapists' speech interests
- Medical consensus accurately reflects the scientific understanding of conversion therapy's ineffectiveness and harm