🚨 FAIR Colorado Opposes HB26-1322: “Civil Actions for Conversion Therapy Survivors”

FAIR stands firmly against Colorado House Bill 26-1322, a blatant act of viewpoint discrimination rushed through the legislature as a direct reaction to the U.S. Supreme Court’s March 31, 2026 ruling in Chiles v. Salazar. In that 8-1 decision, the Court held that Colorado’s ban on so-called “conversion therapy” (as applied to licensed counselors providing talk therapy) unconstitutionally discriminated on the basis of viewpoint under the First Amendment.

Instead of respecting the Court’s clear message, this bill creates a new private right of action with no statute of limitations. It allows anyone claiming harm from “sexual orientation or gender identity change efforts” to sue licensed mental health professionals, their employers, supervisors, and even those who “negligently” hired them — such as parents — for unlimited economic, noneconomic, and exemplary (punitive) damages.

This is not neutral accountability. It is state-sponsored retaliation designed to intimidate counselors who dare to explore a client’s beliefs, values, or goals around identity without immediately affirming the state-approved narrative. It weaponizes the civil justice system to chill protected speech and professional counseling.

Adding insult to injury, the bill has no fiscal note — an absurd omission given Colorado’s track record. The state already had to pay more than $1.5 million in attorneys’ fees in the 303 Creative case after another failed attempt to compel speech (a case also handled by Alliance Defending Freedom). ADF, which successfully represented counselor Kaley Chiles before the Supreme Court, has already signaled it is prepared to sue Colorado again if this bill becomes law.

There is still time to act. The Senate Judiciary Committee hears HB26-1322 this Monday, April 27, 2026, at 1:30 PM Mountain Time.

Testify remotely or in-person AGAINST the bill. Register immediately here: sites.coleg.gov/public-…

Remote testimony is typically heard after in-person witnesses — plan for 2–3 minutes.

Quick talking points for your testimony:

• This bill is viewpoint discrimination and a transparent attempt to nullify the Supreme Court’s Chiles v. Salazar ruling.

• It creates open-ended liability with no time limit, exposing counselors and small practices to ruinous lawsuits years or decades later.

• Colorado already lost three major First Amendment cases at SCOTUS — including 303 Creative ($1.5M+ in taxpayer-funded fees). Taxpayers should not fund another round of doomed litigation.

• Licensed professionals should be free to provide ethical, client-directed talk therapy without fear of government punishment for the “wrong” viewpoint.

• Existing laws already address genuine malpractice and abuse. This bill goes far beyond that to silence dissent.

Your voice matters. Testify Monday to defend free speech, professional judgment, and fairness for counselors and clients alike. Share this post and visit fairforall.org to learn more about FAIR’s work protecting civil rights for all Coloradans.