Colorado Democrats push a bill that circumvents Supreme Court protections for free speech, allowing endless lawsuits against therapists offering faith-based counseling.
Story Snapshot
- House Bill 26-1322 passed committee on March 30, 2026, enabling conversion therapy recipients to sue licensed providers with no time limit.
- Follows 8-1 Supreme Court ruling striking down Colorado’s prior ban as First Amendment violation by a Christian counselor.
- Targets licensed mental health professionals, shifting from criminal bans to civil liability amid free speech debates.
- Sponsored by Democratic Reps. with name variations like Valdez, McCormick, Snyder, or Stewart across reports.
- Raises concerns over government overreach eroding constitutional rights to religious expression and counseling choice.
Bill Advances After SCOTUS Victory for Free Speech
Colorado House Democrats advanced House Bill 26-1322 through committee in late March 2026. The legislation creates a civil cause of action for anyone claiming harm from conversion therapy, defined as efforts to change sexual orientation or gender identity. Licensed mental health providers face unlimited lawsuits for damages, with no statute of limitations. This targets professionals directly, bypassing earlier bans challenged successfully in court. The bill responds to the U.S. Supreme Court’s 8-1 ruling against Colorado’s 2019 minor ban.
Supreme Court Rejects State Overreach on Therapy Bans
The Supreme Court ruled in early 2026 that Colorado’s HB19-1129 violated the First Amendment. A Christian counselor challenged the 2019 law prohibiting licensed providers from offering conversion therapy to minors under 18. Justices deemed it viewpoint discrimination, remanding for strict scrutiny despite medical consensus on harm. The decision framed therapy as protected speech, not conduct. Colorado Democrats now pivot to civil remedies, testing SCOTUS limits in Democratic-controlled legislature.
Key Stakeholders and Motivations Clash
Democratic sponsors, reported as Reps. Valdez and McCormick or Marc Snyder and Rebekah Stewart, lead the push. LGBTQ+ advocates and medical groups like the American Psychological Association back the bill, labeling conversion therapy pseudoscience linked to suicide risks. Opponents, including faith-based counselors, defend it as consensual talk therapy protected by free speech. Power dynamics favor Democrats in the statehouse, but federal precedent empowers providers against regulation.
Survivors gain recourse for alleged malpractice, while therapists risk financial ruin from perpetual litigation. This heightens tensions between state protections and constitutional rights to religious counseling.
Potential Impacts on Providers and Free Speech
Short-term, the bill deters licensed providers through lawsuit fears, potentially driving them unlicensed or out of state. Long-term, it invites First Amendment challenges, mirroring the SCOTUS case. Economic effects include rising malpractice insurance costs in mental health. Socially, it reinforces anti-conversion views amid debates on youth protection versus parental choice. Politically, blue states test court boundaries, eroding limits on government interference in private counseling.
Conservatives see this as another leftist workaround undermining SCOTUS wins for liberty. It prioritizes activist agendas over individual rights, echoing frustrations with overreach on traditional values and free expression. As the bill heads to the full House, watch for GOP resistance highlighting constitutional threats.
Sources:
Colorado HB19-1129 official page
Lavender Magazine: Colorado Democrats want to help conversion therapy survivors sue for damages
