Colorado Residents Subjected to Conversion Therapy Can Now Sue the Mental Health Professionals Who Tried to Change Them
Across the U.S., states are still reshaping how they regulate conversion therapy after recent court fights and legislative changes. In Colorado, Governor Jared Polis signed a new law on June 1 that lets people sue licensed mental health professionals who tried to change their sexual orientation or gender identity.
Colorado creates a new civil claim tied to conversion therapy
House Bill 26-1322 creates a civil cause of action for people injured by sexual orientation or gender identity change efforts, as enacted by the Colorado General Assembly. The law applies to licensed mental health professionals who sought a predetermined sexual orientation or gender identity outcome during treatment.
The new statute allows an injured person to sue at any time without limitation for most claims. It also allows a personal representative or an estate to bring a survival action within 5 years after the death of the person who underwent the efforts, according to the enacted bill summary.
The law says survivors may seek economic, noneconomic, and exemplary damages, along with other damages a court finds appropriate. Polis signed the bill on June 1 at The Center on Colfax in Denver, according to his office and published reports.
What the law changes for Colorado residents
For Colorado residents, the clearest change is that people who say they were harmed by conversion therapy now have a direct path to sue through state civil law. Published reports said the new law removes the previous 2-year time restriction that had applied to bringing claims.
The law is limited to claims against licensed mental health professionals, not every person or organization connected to the practice. Colorado has not released a statewide estimate for how many residents could be affected, and officials have not identified how many past complaints might now turn into lawsuits.
Polis also signed an executive order on June 1 directing state agencies to ensure that no state funds are used for sexual orientation and gender identity change efforts. His office did not immediately answer published questions about whether any Colorado state funding had previously gone to conversion therapy.
Why Colorado lawmakers acted now
Backers of the measure said the law was a response to a March U.S. Supreme Court ruling that overturned Colorado’s prior ban on conversion therapy. The 8-1 decision sided with a Christian counselor from Colorado Springs who argued that the earlier law violated free speech protections, according to published reports.
Representative Alex Valdez of Denver said in a statement that the new law is meant to give survivors protections after that ruling. The bill’s other sponsors were Representative Karen McCormick and Senators Lisa Cutter and Kyle Mullica, all Democrats, and reports said it passed the legislature along party lines.
Polis said in a statement that conversion therapy is harmful, ineffective, and a misuse of money. His executive order states that Colorado has an interest in protecting LGBTQ+ residents and taxpayers by limiting public spending to evidence-based treatment.
