Blue state's LGBT 'conversion therapy' ban violates Constitution, 'very easy case' for SCOTUS, says expert

According to the writ, the question to be considered at oral arguments before the court is, "Whether a law that censors certain conversations between counselors and their clients based on the viewpoints expressed regulates conduct or violates the Free Speech Clause."

"Conversion therapy," according to the legislation, is defined as "any practice or treatment by a licensed physician specializing in the practice of psychiatry that attempts or purports to change an individual's sexual orientation or gender identity, including efforts to change behaviors or gender expressions or to eliminate or reduce sexual or romantic attraction or feelings toward individuals of the same sex."

The law says that "conversion therapy" does not include counseling that helps individuals explore their gender identity, receive social support, or cope with personal challenges, as long as the counseling does not attempt to change a person's sexual orientation or gender identity. The law also permits assistance for individuals undergoing gender transition, as long as the counseling is not focused on altering their sexual orientation or gender identity.

"In Colorado, we are committed to protecting professional standards of care so that no one suffers unscientific and harmful so-called gay conversion therapy. Colorado's judgment on this is the humane, smart, and appropriate policy and we're committed to defending it," Colorado Attorney General Phil Weiser said in a statement about the case.

"It's not in any way emblematic of the fact that there is a conservative in the White House, simply because these justices, three of them, have been appointed by this particular POTUS, I don't think has any bearing one way or the other, and they have been very strong on the First Amendment," Perry said. "This, to my mind, should be a very easy case."