Chiles v. Salazar · ¶72

Colorado's law, as applied to talk therapy, regulates based on viewpoint, for the reasons the Court gives. See ante, at 645–646. The law forbids a counselor to provide therapy designed to “change [a minor's] sexual orientation or gender identity.” Colo. Rev. Stat. § 12–245–202(3.5)(a) (2025); see § 12–245–224(1)(t)(V). At the same time, the law specifically allows a counselor to offer therapy expressing “[a]cceptance, support,” and other affrmation of the minor's “identity exploration.” § 12–245–202(3.5)(b)(I)–(II). So, for example, the law prevents a therapist from saying she can help a minor change his same-sex orientation, but permits her to say that such a goal is impossible and so she will help him accept his gay identity. Colorado does not dispute that point. See Tr. of Oral Arg. 78. Nor does it dispute that under normal First Amendment principles, that difference constitutes…

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