The Democratic-controlled Colorado House passed a bill Thursday allowing people harmed by conversion therapy to sue therapists, just days after the Supreme Court blocked enforcement of the state’s ban on the method.
HB26-1322 would establish a pathway for Coloradans to bring civil claims against licensed mental health professionals accused of causing harm through efforts to change a person’s sexual orientation or gender identity.
The bill also allows people to seek legal action against the entities that hired and supervised a professional who conducted conversion therapy. The bill now heads to the state Senate, which is also controlled by Democrats, for consideration.
The measure could open the door to lawsuits years after therapy takes place and expose providers to significant financial liability.
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The legislation was advanced just days after the U.S. Supreme Court ruled that Colorado cannot enforce its conversion therapy ban regarding conversations between therapists and LGBTQ+ minors, arguing the law likely violates the First Amendment by allowing some viewpoints but not others.
In an 8-1 decision Tuesday, the court said the law favors one viewpoint by allowing therapists to affirm a minor’s gender identity or sexual orientation, but not help them change it if they want to.
Matt Soper, a Republican in the Colorado House, told Fox News Digital that the new bill pushed by Democrats is a “slap in the face” to the Supreme Court.
“We have a bill that’s designed to be a de facto ban on conversion therapy moving forward,” Soper said.
“That just hits at the heartstrings of the average American, that the Supreme Court can’t even have a ruling be hot off the press before you have a legislature already pushing to undo what the Supreme Court just ruled,” he continued.
“At the bottom line, there’s not even a sense of what the law is or can be from the Supreme Court when you have states that are already working really hard to undermine an 8-1 ruling.
“Americans don’t like it when you have a legislature immediately trying to overturn or undermine the highest court in the land before the printing has even cooled down.”
The sponsors of the bill in the Colorado House, Reps. Alex Valdez and Karen McCormick, released a statement following the high court’s ruling, reiterating that conversion therapy is “ineffective and harmful.”
“In Colorado, you belong just the way you are. Now more than ever, we must protect LGBTQ+ Coloradans from the harmful practice that is conversion therapy. We vow to keep moving forward to safeguard the rights of the LGBTQ+ community in Colorado,” the lawmakers said.
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The Supreme Court’s decision stemmed from a lawsuit brought by Kaley Chiles, a licensed Christian therapist, who argued her conversations with youth clients were a form of protected speech.
The Colorado government argued the conversations amounted to professional conduct that the state was allowed to regulate.
The case centered on a law Colorado passed in 2019 banning what the state government described as conversion therapy.
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While the 2019 law required that claims against providers be filed within two years, HB26-1322 would remove time limits for legal action, and if the victim has died, their representatives could pursue damages within five years of the individual’s death.
Soper criticized the bill for lacking a cap on recoverable damages or a statute of limitations on claims.
“A mental health therapist could actually be liable for their entire life,” he said.
Fox News Digital’s Michael Dorgan and Ashley Oliver contributed to this report.
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