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Justice Ketanji Brown Jackson in 2025: States Can't Ban Transing Kids. KBJ on 'Conversion Therapy' in 2026: Only States Can Regulate Medicine

Well, give it to Supreme Court Justice Ketanji Brown Jackson: At least this time, her legal scribbling isn’t going viral because she referenced the opinion of a space alien.

Other than that, the high court’s jester continued her unabated streak of providing unintentional comic relief to proceedings on Wednesday, when she handed down a dissent that effectively hinged upon a principle she affirmed the total opposite of by signing onto a dissent by Justice Sonia Sotomayor one year earlier.

She was the only dissenter in an 8-1 ruling by the court, in which both conservative and liberal justices — but not the notorious KBJ — sided with a Christian counselor challenging Colorado’s ban on therapy for those with gender or sexual identity issues, commonly derided by the left as “conversion therapy.”

The case, Chiles v. Salazar, was brought by a Colorado Springs talk therapy practitioner, according to legal outlet Oyez.

“Prior to the enactment of a 2019 Colorado law banning conversion therapy for minors, Chiles counseled clients, including minors, in accordance with their self-identified goals, which sometimes included diminishing same-sex attractions or aligning gender identity with biological sex,” Oyez noted.

“Since the law’s passage, Chiles has refrained from engaging in discussions with minors that she believes could be interpreted as conversion therapy and alleges that this has hampered her ability to provide full counseling services in line with her and her clients’ religious convictions.”

The court concurred, with the opinion being delivered by Justice Neil Gorsuch.

“Colorado may regard its policy as essential to public health and safety. Certainly, censorious governments throughout history have believed the same. But the First Amendment stands as a shield against any effort to enforce orthodoxy in thought or speech in this country,” Gorsuch wrote, saying the law “censors speech based on viewpoint.”

Gorsuch ordered the law to be sent down to a lower court to apply a stricter level of scrutiny when considering whether or not it violated basic constitutional rights, according to The Wall Street Journal.

Jackson, in her dissent, said that it was the states who ought to regulate how medicine was practiced, citing a case from the 1920s at the outset:

“[T]here is no right to practice medicine which is not subordinate to the police power of the States.” Lambert v. Yellowley, 272 U. S. 581, 596 (1926). This was true 100 years ago, and it should be true today. Many States have now chosen to exercise their police powers to ban “conversion therapy” based on the medical profession’s broad consensus that this medical treatment (which seeks to change a gay or transgender person’s sexual orientation or gender identity) is ineffective and harmful. This case involves the Colorado Legislature’s policy decision to........

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