Full Breakdown
Colorado Senate Advances Bill Allowing Civil Suits Over Conversion Therapy
4/30/2026, 2:46:09 AM
Legislative Action Creates Private Right of Action
On Monday, Colorado Senate Judiciary Committee approved HB26-1322, granting survivors of “sexual orientation or gender identity change efforts” a private right to sue mental-health providers without a statute of limitations. The bill now proceeds to the full Senate.
Legal Background and Supreme Court Context
The 8-1 Supreme Court ruling in *Chiles v. Salazar* (June 2024) invalidated Colorado’s 2019 conversion-therapy ban, holding that states cannot regulate it. HB26-1322 avoids that restriction by using private tort claims, a strategy used in Texas’s SB 8 and Kansas’s SB 244.
Key Figures and Groups
Governor Jared Polis said he is “hopeful there is still time to construct a framework he could support.” Rep. Karen McCormick (D-Longmont) authored the bill. One Colorado, Harvard Law’s Alejandra Caraballo, APA and UN have opposed conversion therapy.
Data and Statistics
The APA’s 2009 review labeled conversion therapy “unlikely to be successful and involves risk of harm, depression and suicidality.” UN calls it torture. 2020 *American Journal of Public Health* study found LGBTQ+ youth undergoing conversion therapy were twice as likely to report a suicide attempt.
Why It Matters
Colorado would become first state to use a private right of action to deter conversion therapy, making the practice prohibitive. The bill protects counseling that offers acceptance and identity exploration and imposes a causation test to limit liability.
Official Statements and Responses
Governor Polis has not pledged to sign, citing a need for a framework. Rep. McCormick called the bill a “chilling effect” on therapists. One Colorado called it protections. APA reiterated mental-health risks, and UN stressed its classification as torture.
Criticism and Opposition
Anti-trans groups warn the bill could be used against therapists, arguing care could be labeled conversion therapy. Legislation includes carve-outs for counseling that facilitates identity exploration and causation standard to curb misuse.
Conflicting Reports and Gaps
The governor’s conditions for support remain unclear, and the Senate floor-vote schedule has not been announced. The bill’s exemption from voter referendum leaves open questions about public oversight.
Verbatim Quotes
- “While the Supreme Court decision limits the abilities of states to regulate conversion therapy through professional standards, they did not limit the ability for states to protect LGBTQ youth from these abusive practices through tort or malpractice law.” — Alejandra Caraballo, Harvard Law School
- “The purpose of this bill is seriously to send a chilling effect to any licensed professional therapist who may think about bringing that practice back.” — Rep. Karen McCormick, D-Longmont
- “This decision only reinforces the urgent need for state-level protections,” — One Colorado
- “unlikely to be successful and involves risk of harm, including depression, suicidality, and anxiety,” — American Psychological Association (2009)
What’s Next
The bill heads to Colorado Senate for a floor vote, where Democrats hold a 23-12 majority. If passed, it will go to Governor Polis for signature before taking effect on July 1, 2026, and is shielded from a voter referendum.
