These private right of action laws are a bad idea. No surprise for a "conservative" legal innovation, I suppose. They allow private citizens to use the courts as a weapon to restrict others' behavior just because they don't like it (often in the name of "freedom"), even when the state has no business restricting such behavior and federal and state laws and constitutions explicitly prohibit the government enforcing those restrictions.
But in the wake of egregious decisions like Chiles, I'm in favor of any legal strategy that protects trans kids from conversion therapy. When the other side fights dirty, we don't have much choice but to retaliate.
"The bill uses a private right of action, a tactic previously used by Republicans to target abortion providers."
And I hope that works!
Is it not a definitely 1st Am. compliant provision that as conversion therapy is known not to work, that it cannot be billed for as being any medical care of any sort without that being itself fraud?
If counseling and direction about gender identify and sexual orientation are the lanes of health professionals, then what about the countless people who’ve abusively done that to most of us our whole lives without them being health professionals? Why is that not considered practicing without a license if they’re doing something that’s considered a clinical treatment but don’t have a license (and usually don’t have our consent, making it even more abusive)?
This is where my head went - pastoral counseling, and religious camps and the like - none of that falls under mental health treatment by licensed providers, but I’m sure it will continue to happen. Still, I’m glad to see the pushback in my field and hopefully it erodes the perceived legitimacy of conversion efforts.
This should honestly be passed for children raised in religious homes. When you brainwash children from birth into a belief system that is harmful to the child or others: the child should be able to sue.
Colorado’s HB26-1322 is being talked about a lot right now—especially in LGBTQ+ spaces—so here’s a clear, honest breakdown 👇
This bill allows survivors of conversion therapy to sue providers, even years later. There’s no statute of limitations, which means people who were harmed finally have a path to accountability.
On its face, that’s a protection. Conversion therapy has been widely criticized as harmful, and this gives survivors legal power they didn’t have before.
But there are also concerns worth paying attention to:
Because it deals with therapy and speech, it could face First Amendment challenges
If courts expand those arguments, it could impact how LGBTQ-related protections are enforced more broadly
Opponents argue the law could be stretched or misused in edge cases (though it’s written specifically to target conversion therapy)
It may trigger larger legal battles around religion, parental rights, and LGBTQ protections
So what’s the reality?
The bill itself is designed to protect LGBTQ people
The bigger risk isn’t the bill—it’s how courts might interpret it in future cases
Like a lot of legislation right now, the long-term impact depends less on what’s written, and more on what happens when it gets challenged.
I am very concerned that this bill will open the door to more conservatives avenues to go after the LGBTQ comunities
Regarding this: "It may trigger larger legal battles around religion, parental rights, and LGBTQ protections."
I keep wondering where are the parental rights of parents of transgender children. I don't understand how they can so easily have taken away these parental rights to do what is best for their own children.
These private right of action laws are a bad idea. No surprise for a "conservative" legal innovation, I suppose. They allow private citizens to use the courts as a weapon to restrict others' behavior just because they don't like it (often in the name of "freedom"), even when the state has no business restricting such behavior and federal and state laws and constitutions explicitly prohibit the government enforcing those restrictions.
But in the wake of egregious decisions like Chiles, I'm in favor of any legal strategy that protects trans kids from conversion therapy. When the other side fights dirty, we don't have much choice but to retaliate.
"The bill uses a private right of action, a tactic previously used by Republicans to target abortion providers."
And I hope that works!
Is it not a definitely 1st Am. compliant provision that as conversion therapy is known not to work, that it cannot be billed for as being any medical care of any sort without that being itself fraud?
Thank you for the reporting, Erin.
If counseling and direction about gender identify and sexual orientation are the lanes of health professionals, then what about the countless people who’ve abusively done that to most of us our whole lives without them being health professionals? Why is that not considered practicing without a license if they’re doing something that’s considered a clinical treatment but don’t have a license (and usually don’t have our consent, making it even more abusive)?
This is where my head went - pastoral counseling, and religious camps and the like - none of that falls under mental health treatment by licensed providers, but I’m sure it will continue to happen. Still, I’m glad to see the pushback in my field and hopefully it erodes the perceived legitimacy of conversion efforts.
Fight fire with fire.
Thanks for keeping us informed on this Erin. I just emailed my state senator on how to vote. We appreciate you!
This should honestly be passed for children raised in religious homes. When you brainwash children from birth into a belief system that is harmful to the child or others: the child should be able to sue.
I wouldn't even call it a loophole. It fits the standard definition of a tort -- direct harm to the patient.
Colorado’s HB26-1322 is being talked about a lot right now—especially in LGBTQ+ spaces—so here’s a clear, honest breakdown 👇
This bill allows survivors of conversion therapy to sue providers, even years later. There’s no statute of limitations, which means people who were harmed finally have a path to accountability.
On its face, that’s a protection. Conversion therapy has been widely criticized as harmful, and this gives survivors legal power they didn’t have before.
But there are also concerns worth paying attention to:
Because it deals with therapy and speech, it could face First Amendment challenges
If courts expand those arguments, it could impact how LGBTQ-related protections are enforced more broadly
Opponents argue the law could be stretched or misused in edge cases (though it’s written specifically to target conversion therapy)
It may trigger larger legal battles around religion, parental rights, and LGBTQ protections
So what’s the reality?
The bill itself is designed to protect LGBTQ people
The bigger risk isn’t the bill—it’s how courts might interpret it in future cases
Like a lot of legislation right now, the long-term impact depends less on what’s written, and more on what happens when it gets challenged.
I am very concerned that this bill will open the door to more conservatives avenues to go after the LGBTQ comunities
Regarding this: "It may trigger larger legal battles around religion, parental rights, and LGBTQ protections."
I keep wondering where are the parental rights of parents of transgender children. I don't understand how they can so easily have taken away these parental rights to do what is best for their own children.
Ken you would have to ask the righteous conservative bigots, racists and trump that question to get an answer and don't think you would
Hopefully the Colorado Senate and governor pass this legislation to protect to trans community of Colorado.
Nothing but love for our siblings in Colorado ❤️