Attorney General Phil Weiser urges U.S. Supreme Court to uphold laws protecting kids and families from dangerous, discredited mental health care practices

Aug. 19, 2025 (DENVER) – For centuries, states have regulated professional health care to protect patients from substandard care. Throughout that time, the First Amendment has never barred states’ ability to prohibit substandard care, regardless of whether it is carried out through words, and the Supreme Court should stick to its precedent and not create such a bar now, Colorado Attorney General Phil Weiser explains in a court brief filed today.

Earlier this year, the Supreme Court agreed to review the case Chiles v. Salazar. At issue is a Colorado law prohibiting licensed mental health professionals from performing dangerous, discredited conversion practices on minor patients. This so-called conversion therapy is used by some who claim they can force patients to change their sexual orientation or gender identity even though all the science says that is not possible.

Regardless of how this practice is performed, it does not work and causes long-lasting harms that include depression, self-hatred, loss of faith, and suicide. Because these conversion efforts do not meet the standard of care, laws like Colorado’s exist in 25 states and are endorsed by every major health care association in the country.

Colorado’s law does not prevent health care professionals from sharing information, content, or viewpoints with a patient or others. Under the law, therapists may even tell patients about conversion therapy and the religious ministers and others who can engage in such practices. Moreover, the law does not require therapists to “affirm” any orientation or identity. The only thing that the law prohibits therapists from doing is violating the standard of care by performing a treatment that seeks to change a minor’s sexual orientation or gender identity.

“No amount of talk, pressure, or shaming can make a gay person not gay, or a transgender person not transgender. Licensed therapists shouldn’t be able to abuse their position of trust to push an agenda that causes long-lasting harm to kids and families,” said Attorney General Weiser. “The Supreme Court should adhere to its long line of precedents and affirm the states’ power to regulate health care and protect kids and families from substandard practices. To do otherwise would not only create immediate harm to those who are forced to undergo this discredited practice but would also open the door to a range of challenges to regulatory oversight of licensed professionals who harm patients or consumers through other practices that violate accepted and appropriate standards of care.”

Colorado has not taken any disciplinary action against the therapist in this case nor against any licensed professional for engaging in conversion therapy since the law was enacted in 2019. A federal district court in Denver and the 10th Circuit Court of Appeals upheld Colorado’s law. The state is asking the court to affirm the judgment of the lower court.

The Supreme Court has scheduled oral argument in the case for Oct. 7. The case is Chiles v. Salazar, No. 24-539.

Read a copy of the state’s merits brief filed with the Supreme Court (PDF).

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Media Contact:
Lawrence Pacheco
Chief Communications Officer
(720) 508-6553 office
lawrence.pacheco@coag.gov