Colorado lawmakers have approved a rewritten ban on so-called “conversion therapy” in an effort to preserve protections for LGBTQ+ youth after the US Supreme Court struck down the state’s previous law earlier this year.
The new legislation, HB26-1322, now heads to Democratic governor Jared Polis, who is gay. Polis is expected to sign the bill into law.
The updated bill was drafted in response to the Supreme Court’s March ruling in Chiles v. Salazar, which found Colorado’s earlier conversion therapy ban unconstitutional on First Amendment grounds.
New wording aims to protect LGBTQ+ youth
Rather than specifically prohibiting therapists from encouraging minors away from LGBTQ+ identities, the rewritten legislation bars licensed mental health providers from imposing any “predetermined outcome” regarding a young person’s sexual orientation or gender identity.
That applies regardless of the direction of the outcome.
Supporters say the new language makes the law “viewpoint-neutral” while continuing to protect young people from coercive conduct in talk-therapy settings.
“The Supreme Court gave specific guidance about how to amend conversion therapy laws to be viewpoint-neutral so that these protections can remain in place,” said Shannon Minter, legal director of the National Centre for LGBTQ Rights, in a statement, as per The Advocate. “Given the urgency of this issue and the danger that conversion therapy poses to youth, Colorado moved swiftly.”
Survivors given more time to pursue claims
The legislation also expands legal options for people harmed by conversion therapy.
Under the new bill, the statute of limitations for malpractice claims linked to conversion therapy will be extended, allowing survivors to pursue claims decades after the harm occurred.
Advocates say the legislation is an important step in maintaining protections for LGBTQ+ young people while responding directly to the Supreme Court’s concerns.
If signed by Polis, Colorado will once again have a law designed to prevent licensed mental health providers from pressuring minors towards a predetermined outcome around their sexuality or gender identity.
