Chiles v. Salazar · ¶43

Doubtless, Colorado sees things differently. The State insists, and the Tenth Circuit agreed, that its law does not “regulate expression” at all, only “conduct,” “treatment,” or a “therapeutic modality.” Brief for Respondents 2, 36–37, 47; 116 F. 4th, at 1208. As a result, Colorado reasons, its law triggers no more than rational-basis or intermediate- scrutiny review. Brief for Respondents 42–44. But the State's premise is simply mistaken. In many applications, the State's law banning “conversion therapy” may address conduct—such as aversive physical interventions. But here, Ms. Chiles seeks to engage only in speech, and as applied to her the law regulates what she may say. Her speech does not become conduct just because the State may call it that. Nor does her speech become conduct just because it can also be described as a “treatment,” a “therapeutic modality,” or anything else. The…

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