Supreme Court Ruling in Chiles v. Salazar Poses Serious Threat to LGBTQ+ Rights and to Professional Counselors Nationwide

Apr 2, 2026

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Alexandria, Va. — In Chiles v. Salazar, the U.S. Supreme Court overturned Colorado’s ban on conversion therapy, the practice of trying to change a person’s sexual orientation or gender identity. The March 31 ruling compromises the ethical standards of professional counselors and, according to American Counseling Association (ACA) and others in the medical community, puts those exploring their sexual orientation or gender identity at risk of serious harm.

ACA, in partnership with the American Psychological Association, the Society for Sexual, Affectional, Intersex, and Gender Expansive Identities (SAIGE) — a division of ACA — and other key stakeholders, filed an amicus brief in August 2025 in support of the Colorado law. ACA, along with major medical organizations, has pointed out that conversion therapy is dangerous and not supported by science.

“The Supreme Court 8-1 ruling in the Chiles v Salazar case is a devastating blow to LGBTQ+ rights and to professionally trained counselors nationwide,” says ACA CEO Brian D. Banks. “This ruling not only undermines the rigorous professional training that counselors undergo, but it threatens to dilute the standards that protect the public good. We must confront this setback with renewed resolve, heightened accountability, and continued dedication to evidence-based practice.”

Research shows that individuals subjected to conversion therapy experience higher rates of depression, anxiety, substance use and suicidal thoughts. These risks are particularly acute for LGBTQ+ youth, who are disproportionately targeted by these practices.

“The Supreme Court’s ruling is deeply troubling, but it does not change what decades of research have consistently shown: conversion therapy causes real, measurable harm,” says SAIGE President Clark Ausloos. “As counselors, our most fundamental obligation is to do no harm. SAIGE will continue to stand unequivocally against any practice that pathologizes LGBTQ+ identities, regardless of how the Court frames the issue.”

The premise of the case the Court ruled on was one of free speech instead of professional conduct. However, psychotherapy is a regulated medical treatment, not a form of unregulated conversation. The Supreme Court’s ruling centered on the viewpoint of the complainant and struck down the Colorado law as a restriction on expression. ACA maintains that conversion therapy bans regulate professional conduct, not speech. Such laws ensure that counseling practices are evidence-based, ethical and aligned with accepted standards of care.

“When counselors work with clients, they deliver evidence-based therapies grounded in ethical, affirming care,” says ACA President Elsa Soto Leggett. “By equating mental health care with unregulated conversation, this decision undermines a foundational truth and the rigor of professional training: psychotherapy is not just talk.”

The outcome of this case could have significant implications for how states regulate licensed mental health professionals nationwide, particularly regarding practices deemed harmful or unethical. With the Colorado law overturned, bans on conversion therapy in other states could be challenged, jeopardizing client welfare.

ACA and SAIGE remain committed to ethical, evidence-based and affirming care. In its preamble, the ACA Code of Ethics references the fundamental values of the counseling profession: nonmaleficence, beneficence and justice. Section C.7.c. on harmful practices states: “counselors do not use techniques/procedures/modalities when substantial evidence suggests harm, even if such services are requested.”

Similarly, SAIGE’s statement on conversion therapy states: “Conversion therapy is the practice of attempting to change an individual’s sexual orientation, gender identity, or gender expression to align with heterosexual and cisgender norms. It is based on the belief that being a member of the LGBTQ+ community is an aberration, which is irrefutably false.”

ACA and SAIGE will continue to advocate for policies and laws that protect clients from harmful practice and support client wellbeing and maintain that conversion therapy has no safe place in ethical counseling.

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About the American Counseling Association

Founded in 1952, the American Counseling Association (ACA) is a not-for-profit, professional and educational organization that is dedicated to the growth and enhancement of the counseling profession. ACA represents more than 62,000 members and is the world’s largest association exclusively representing professional counselors in various practice settings. Driven by the belief that all people can benefit from the power of counseling, ACA’s mission is to promote the professional development of counselors, advocate for counselors, and ensure that ethical, culturally inclusive practices protect our members’ clients and all people who seek counseling services. For more information, visit the ACA website and follow them on Facebook, LinkedIn, Instagram, Threads, BlueSky and YouTube.

About SAIGE

Founded in 1975, and a division of the American Counseling Association, the Society for Sexual, Affectional, Intersex, and Gender Expansive Identities (SAIGE) serves counselors and related professionals working with LGBTGEQIAP+ communities. SAIGE is dedicated to advancing ethical, affirming, and culturally inclusive counseling practices that attend to the intersections of sexual orientation, gender identity, race, ethnicity, ability, and other aspects of identity. Through published competencies, position statements, professional development, and advocacy, SAIGE works to ensure that LGBTGEQIAP+ individuals receive evidence-based care that honors their identities and promotes liberation. For more information, visit saigecounseling.org.