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Oct. 7, 2025, 5:00 AM EDTBy Lawrence HurleyWASHINGTON — The Supreme Court on Tuesday considers a free speech challenge to a Colorado law that bans conversion therapy aimed at young people questioning their sexual orientations or gender identities in a case likely to have national implications.The ruling could affect more than 20 states that have similar bans and raise new questions about other long-standing state health care regulations.The court, which has a 6-3 conservative majority that often backs conservative free speech claims, will hear oral argument in a case brought by Kaley Chiles, a Christian therapist, who says the 2019 law violates her free speech rights under the Constitution’s First Amendment.Conversion therapy, favored by some religious conservatives, seeks to encourage gay or lesbian minors to identify as heterosexual and transgender children to identify as the gender identities assigned to them at birth. Colorado bans the practice for licensed therapists, not for religious entities or family members.At issue is whether such bans regulate conduct in the same way as regulations applying to health care providers, as the state argues, or speech, as Chiles contends. Chiles says she does only talk therapy.The Supreme Court has, in major cases, backed LGBTQ rights, legalizing same-sex marriage in 2015 and ruling five years later that a federal law barring employment discrimination applies to both gay and transgender people.But in another line of cases, the court has backed free speech and religious expression rights when they conflict with anti-discrimination laws aimed at protecting LGBTQ people.The court backed a religious rights challenge this year to a Maryland school district’s policy of featuring LGBTQ-themed books in elementary schools. It also handed a major loss to transgender rights advocates by ruling that states could ban gender transition care for minors.Colorado Attorney General Phil Weiser, a Democrat, said in court papers that a ruling against the state would imperil not just conversion therapy bans but also other health care treatments that experts say are unsafe or ineffective.”For centuries, states have regulated professional healthcare to protect patients from substandard treatment. Throughout that time, the First Amendment has never barred states’ ability to prohibit substandard care, regardless of whether it is carried out through words,” he wrote.Chiles, represented by the conservative Christian group Alliance Defending Freedom, countered in her court papers that therapy is “vital speech that helps young people better understand themselves.”The state is seeking to “control what those kids believe about themselves and who they can become,” the lawyers said.Chiles’ lawyers cite a 2018 Supreme Court ruling in which the conservative majority backed a free speech challenge to a California law that requires anti-abortion pregnancy centers to notify clients about where abortion services can be obtained.The court might not issue a definitive ruling on conversion therapy bans; it could focus more narrowly on whether lower courts that upheld the ban conducted the correct legal analysis.If the law infringes on speech, it must be given a closer look under the First Amendment, a form of review known as “strict scrutiny,” which the justices could ask lower courts to do instead of doing it themselves. Under that approach, judges consider whether a government action that infringes on free speech serves a compelling interest and was “narrowly tailored” to meet that goal.The Trump administration filed a brief urging the court to find that the law does burden speech while also saying a ruling in favor of Chiles would not upend state regulations in other areas.Lawrence HurleyLawrence Hurley is a senior Supreme Court reporter for NBC News.

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The Supreme Court considers a free speech challenge to a Colorado law that bans conversion therapy aimed at young LGBTQ people.



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October 7, 2025
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Greg Abbott declined to be interviewed for the “Dateline” podcast.Roberson was nearly put to death a year ago, but a bipartisan group of Texas lawmakers used their legislative power to help block his execution in a last-minute maneuver.State Attorney General Ken Paxton vowed to press ahead with a execution date, and has previously said Roberson murdered his daughter by “beating her so brutally that she ultimately died.”In filings this year, Roberson’s legal team has argued that there is new evidence of his innocence and that the medical and scientific methods used to convict him of so-called shaken baby syndrome, in which a child is shaken so violently that the action causes head trauma, have since been largely discredited.His team also claims that judicial officials in Anderson County, where a jury sentenced him to death in 2003, violated Roberson’s constitutional rights.Aside from the request in front of the Texas Court of Criminal Appeals, Roberson filed a separate plea this month with the Fifth Circuit Court of Appeals for a stay of execution so that he could file a new legal challenge claiming his imprisonment is illegal because of “overwhelming evidence that he was convicted using discredited ‘science.’” That appeal is also ongoing.Previous attempts to stop Roberson’s execution have been unsuccessful, including as it relates to a 2013 “junk science” law in Texas that allows prisoners to potentially challenge convictions based on advances in forensic science.While doctors and law enforcement concluded that Nikki suffered blunt-force trauma and was shaken, Roberson’s defense team says a new understanding of “shaken baby syndrome” shows that other medical conditions can be factors in a child’s death, as it believes was the case with Nikki.Dan SlepianDan Slepian is an award-winning investigative producer and a veteran of “Dateline: NBC.” Nick McElroyNick McElroy is an associate producer for NBC News’ “Dateline.”Erik OrtizErik Ortiz is a senior reporter for NBC News Digital focusing on racial injustice and social inequality.
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