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Position Statement on Conversion Therapy and the Supreme Court’s Decision in Chiles v. Salazar

Background

On March 31, 2026, the United States Supreme Court issued its 8-1 decision in Chiles v. Salazar, holding that Colorado’s Minor Conversion Therapy Law — which prohibited licensed mental health professionals from using talk therapy to attempt to change a minor’s sexual orientation or gender identity — constitutes viewpoint-based regulation of speech in violation of the First Amendment. The majority opinion, authored by Justice Neil Gorsuch, directed lower courts to apply strict scrutiny when evaluating such laws. The case has been remanded to the lower courts for further proceedings under that standard.

Justice Ketanji Brown Jackson dissented, arguing that states retain the authority to regulate licensed medical and mental health professionals in the interest of public health and safety.

The New York Mental Health Counselors Association (NYMHCA) issues this statement to clarify its position on conversion therapy and to provide context for New York licensed mental health counselors in light of this decision.

NYMHCA’s Position on Conversion Therapy

The New York Mental Health Counselors Association opposes conversion therapy — including all talk therapy approaches that seek to change a client’s sexual orientation or gender identity — as a practice that is not supported by scientific evidence and is inconsistent with the ethical obligations of licensed mental health professionals.

The Clinical Evidence Does Not Support Conversion Therapy

The scientific and medical community has thoroughly evaluated conversion therapy and found no credible evidence that sexual orientation or gender identity can be changed through therapeutic intervention. To the contrary, research has documented meaningful psychological harm associated with these practices, including increased risk of depression, anxiety, and suicidal ideation — particularly among minors. NYMHCA affirms that sexual orientation and gender identity are normal aspects of human diversity and are not clinical conditions requiring treatment or correction.

The Wellbeing of LGBTQ+ Youth Remains a Professional Priority

Licensed mental health counselors are bound by ethical and professional obligations to serve the best interests of their clients. NYMHCA holds that all clients — including LGBTQ+ youth — are entitled to affirming, evidence-based care that respects their identity and supports their wellbeing. Practices that cause harm, regardless of the intent behind them, are inconsistent with those obligations.

New York State Law Remains in Effect

The Supreme Court’s decision in Chiles v. Salazar does not affect New York State’s existing prohibition on conversion therapy for minors. That law remains enforceable, and licensed mental health professionals in New York continue to be subject to its requirements. NYMHCA encourages all members to remain in full compliance with applicable state law and with the ethical standards established by AMHCA and other governing professional bodies.

NYMHCA Will Monitor Ongoing Legal Developments

The Supreme Court’s ruling establishes a legal framework that may invite challenges to conversion therapy bans in other states. NYMHCA will continue to monitor legal and legislative developments that may affect New York’s protections and will communicate relevant updates to members as they arise. NYMHCA remains committed to the integrity of licensed mental health practice and to the protection of the populations our members serve.

Conclusion

NYMHCA reaffirms its commitment to evidence-based, ethical mental health care for all clients. Today’s Supreme Court ruling does not change the professional obligations of New York licensed mental health counselors, and NYMHCA encourages members to continue practicing in full accordance with state law and the AMHCA Code of Ethics.

This position statement was issued by the New York Mental Health Counselors Association on March 31, 2026, in response to the Supreme Court’s decision in Chiles v. Salazar.

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