MA joins multistate effort to defend Colorado’s conversion therapy ban

Massachusetts Attorney General Andrea Joy Campbell joined a coalition of attorneys general in filing an amicus brief at the U.S. Supreme Court defending Colorado’s law that prohibits licensed mental health professionals from practicing conversion therapy on minors. The case challenges the state’s authority to protect youth from a practice widely recognized as harmful and ineffective.

Conversion therapy, also called sexual orientation change efforts (SOCE), attempts to change an individual’s sexual orientation or gender identity. The practice has been condemned as ineffective and dangerous by leading medical and mental health organizations, including the American Medical Association, the American Psychological Association, and the American Psychiatric Association.

Research links exposure to conversion therapy to increased depression, suicidal ideation, and suicide attempts (Blosnich et al., 2020).

Christy Mallory, interim executive director and legal director at the Williams Institute, emphasized the mental health risks. “Our research shows conversion therapy has negative impacts on LGBTQ people, and those impacts can be lifelong even if they end the practice when they’re minors,” Mallory said. “Their strongest argument is that these practices are causing harm and that necessitates state regulation.”

The legal challenge arises from a licensed counselor’s claim that Colorado’s ban violates free-speech protections for mental health providers. The Tenth Circuit upheld the law, reasoning that the state can regulate professional conduct to prevent harm.

Mallory explained, “The most sweeping impact would be if the Court held that conversion therapy bans violate the First Amendment. That would render similar bans in about half of U.S. states unenforceable. A narrower ruling could simply require heightened scrutiny without resolving the broader question nationally.”

The coalition argues that the First Amendment does not shield harmful medical practices from state regulation and warns that striking down the ban could undermine states’ authority to enforce professional standards.

“[States] have an interest in this case as well, to keep kids safe within their borders,” Mallory said. “Although they’re coming at this from the standpoint of Colorado, because that’s where the case originated.”

Research reinforces the harms of SOCE. Critiques of studies suggesting minimal impact note that some analyses fail to account for the duration and frequency of SOCE exposures, which can span multiple years and repeated attempts (Blosnich et al., 2020; Meyer & Blosnich, 2022).

Mallory added that public debates about these practices can affect LGBTQ youth broadly: “…even kids who aren’t being subjected to this practice and see their rights debated on center stage can still experience negative mental health impacts,” she said.

Massachusetts, which banned conversion therapy for minors, joins more than 25 states with similar protections. The amicus brief filed by AG Campbell also includes attorneys general from California, Connecticut, Delaware, Maine, New York, Rhode Island, Vermont, and other states.

The brief emphasizes that conversion therapy is not a safe or effective treatment and falls below the standard of care for licensed providers.

Mallory highlighted a key nuance often overlooked in coverage: “Deciding that free speech rights are at stake does not automatically mean the law fails. Even if the Court treats conversion therapy as protected speech, the inquiry doesn’t end there. The state must show that the ban meets a strict standard of review.” Evidence demonstrating the harms and ineffectiveness of conversion therapy is central to evaluating the law.

As the Supreme Court prepares to weigh the case, legal experts and researchers emphasize the stakes for professional regulation, youth protection, and public health. “If states see research showing harmful effects of a practice, they should continue to regulate that,” Mallory said, while emphasizing the need to protect vulnerable populations.