Colorado Politics, in a March 31 piece by Marissa Ventrelli, reports that Colorado Democrats are already huddling up to figure out their “next steps” after the U.S. Supreme Court smacked down the state’s ban on so-called conversion therapy for minors. The Court’s ruling was not some fuzzy little procedural hiccup. It was an 8-1 decision that called Colorado’s law an “egregious assault” on the First Amendment, which is a fairly strong hint that the state got caught trying to regulate speech because it did not like the viewpoint.
The article lays out the immediate political scramble. Gov. Jared Polis says he is “evaluating” the ruling. Attorney General Phil Weiser says his office is reviewing the decision and its impact on state law. Meanwhile, House Bill 1322 is still moving through the legislature, a measure that would let people who underwent conversion therapy sue licensed providers for damages, with no statute of limitations. Because apparently the lesson some folks took from getting walloped at the Supreme Court is, “What if we tried again in a slightly different costume?”
Ventrelli also captures the split reaction around the case. Alliance Defending Freedom and counselor Kaley Chiles framed the ruling as a major free speech victory, especially for voluntary talk therapy involving youth wrestling with gender and sexuality. On the other side, One Colorado blasted the ruling and pushed for more state-level protections, while Justice Ketanji Brown Jackson stood alone in dissent, arguing states need broad authority to regulate health care even when speech gets caught in the crossfire. Different clowns, same circus.
The Bullet Point Brief
- The Supreme Court rejected Colorado’s 2019 law in an 8-1 ruling, with Justice Neil Gorsuch writing that the state was regulating speech based on viewpoint. That is called a First Amendment problem, not a “messaging challenge.”
- Polis and Weiser are both “reviewing” and “evaluating” the fallout, which is political speak for, “We just got caught flat-footed by the Constitution again.”
- House Bill 1322 is still alive, and it would allow lawsuits against licensed conversion therapy providers with no statute of limitations. Because when one speech restriction blows up, the urge in Denver is apparently to rummage around for another wrench.
- Kaley Chiles argued the law wrongly targeted her voluntary talk therapy, not any physical or coercive practice. The Court agreed the state cannot allow one set of approved opinions while banning another. Facts over fan clubs.
- LGBTQ advocates called the decision dangerous and disappointing, while the dissent warned it could limit states’ ability to regulate medical care. That debate is real, but the majority made clear Colorado crossed the line from regulation into outright viewpoint discrimination.
My Bottom Line
This one is not complicated, no matter how badly Colorado’s political class wants to fog up the windshield. The Supreme Court did not issue some murky half-ruling that invites creative lawyering from every activist with a government salary and a savior complex. It said Colorado’s law was an assault on the First Amendment. Eight justices got there. That is not a close call. That is a constitutional spanking.
And that is why all this chatter about “next steps” sounds so ridiculous. There are no next steps that involve trampling the same rights in a new pair of shoes. Government does not get to decide which conversations are approved, which religious convictions are respectable, or which counseling viewpoints may be spoken out loud. That is not freedom. That is state-managed orthodoxy with a rainbow sticker slapped on it.
Let’s also say the quiet part out loud. In this case, the state was perfectly happy to permit counseling that affirms one outcome, while banning counseling that supports another. That is textbook viewpoint discrimination. You cannot call that health regulation and expect the Constitution to nod politely from the corner like a beaten houseplant. Speech is speech. Religious liberty is religious liberty. God-given rights do not disappear because a panel of self-important busybodies in Denver finds them inconvenient.
Colorado leaders ought to take the hint and holster the nonsense. Respect the ruling. Respect the Bill of Rights. Respect the freedom of families, counselors, and individuals to have voluntary conversations without the state barging in like a hall monitor with delusions of grandeur. The Supreme Court settled the issue. The next step is simple. Stop trying to outsmart the Constitution and start obeying it.
Source: Colorado Politics
Share your thoughts...