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Ruling in Colorado conversion therapy case brings up free speech debate

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08.04.2026

Ruling in Colorado conversion therapy case brings up free speech debate

SCOTUS ruling stirs First Amendment discourse 

The Supreme Court ruled in favor of a case arguing that a ban on conversion therapy was a violation of free speech, igniting debate over free expression in the health care services field. 

In its ruling in Chiles v. Salazar, the Supreme Court found that a lower court had “erred” in upholding Colorado’s 2019 ban on conversion therapy, with justices saying that because the law “regulates speech based on viewpoint.” 

But the court didn’t rule on the actual constitutionality of Colorado’s ban on conversion therapy — a scientifically discredited practice of attempting to “convert” LGBTQ people to align with heterosexual or cisgender norms. Justices last week sent the case back to lower courts and asked that a higher standard be applied to the law.  

The core question is whether conversion therapy is something that a government can regulate, like it does for health care.  

Observers saw parallels between this decision and other state-level regulations that have entered cultural discourse in recent years. 

Several states have laws that require abortion care providers to convey certain information to patients, including information about fetal pain and unsupported claims that abortions could increase the risk of breast cancer.  

“Doctors who provide abortions have been forced to tell patients things that are untrue, forced to give them pamphlets that say untrue things,” Zoe Taylor, a family physician in Washington state and a former fellow at the Physicians for Reproductive Health advocacy group, told The Hill.  

Welcome to The Hill’s Health Care newsletter, I’m Joseph Choi — every week we follow the latest moves on how Washington impacts your health.

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How policy will be impacting the health care sector this week and beyond:

RFK Jr. launching podcast in ‘transparency’ push

Health and Human Services Secretary Robert F. Kennedy Jr. is launching a podcast that, in his words, will focus on “telling the truth, especially when it’s uncomfortable” and “confronting the spiritual malaise.” Kennedy is no stranger to podcasts, often appearing on shows like “The Joe Rogan Experience” and “Club Random with Bill Maher.” In a similar vein, Kennedy’s …

Hair growth products sold on Amazon are recalled over poisoning risk

(NewsNation) — Two hair growth serum products were recalled last week after their packaging was found to pose a poisoning risk. The products, Tuymec’s Minoxidil Hair Growth Spray and TecFlox Hair and Beard Growth Serum, contain minoxidil, which is required by the Poison Prevention Packaging Act to be in child-resistant packaging. About 6,200 have been recalled. “The hair serum’s packaging is not child-resistant, …

RFK Jr. moves to broaden CDC vaccine panel eligibility after federal judge found new members unqualified

Health and Human Services Secretary Robert F. Kennedy Jr.’s amended charter for a vaccine advisory committee was published Monday and is set to go into effect soon, but there are currently no members after a federal judge effectively nullified those handpicked by the secretary. On April 6, Kennedy’s amended charter for the Advisory Committee on Immunization Practices (ACIP) for the Centers for Disease Control and …

Branch out with a different read:

Recall impacts over 3.1 million eye drop products distributed nationwide: FDA

TOPEKA (KSNT) – A California pharmaceutical company is recalling over 3 million bottles of eye drops distributed nationwide. The Food and Drug Administration (FDA) reports that K.C. Pharmaceuticals, Inc., based out of Pomona, Calif., is voluntarily recalling various eye drop products distributed across the country. The stated reason for the recall is a “lack of assurance of sterility” in the products. The FDA said …

Local and state headlines on health care:

Washington state ousted this health insurance lookalike. In Oregon, it carries on. (Willamette Week) 

Texas cannabis businesses sue state to block smokeable hemp ban (Houston Public Media) 

Abortion-rights advocates protest probe of NJ insurance mandate for abortion (New Jersey Monitor) 

Health news we’ve flagged from other outlets:

A decade ago, these drugs tore apart the FDA. Today, they might be some patients’ best hope (Stat) 

Trump’s personnel agency is asking for federal workers’ medical records (KFF Health News) 

Hormone drugs make $6.3 billion comeback after FDA nixes safety warnings (Bloomberg) 

Opinions related to health submitted to The Hill:

Less than 10 percent now smoke, but we’re still far from finished

Why so many Americans now sympathize with the villain

You’re all caught up. See you tomorrow! 

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