Skip to main content
Delaware House Republicans

High Court Ruling Could Impact Delaware Sexual Orientation Counseling Law

April 3, 2026
A Lady Justice statue with scales, gender symbols, and a judicial building in the background, illustrating the potential issues surrounding the Delaware conversion therapy law after SCOTUS ruling.

A decision handed down by the U.S. Supreme Court (SCOTUS) this week could spell trouble for a controversial law enacted in Delaware eight years ago.

The case of Chiles v. Salazar dealt with a Colorado law banning so-called “conversion therapy” for anyone under the age of 18. Sometimes called “reparative therapy,” conversion therapy applies to a broad range of practices, treatments, and counseling that aim to change an individual’s sexual orientation, gender identity, or gender expression. Those found to have violated the mandate would have faced professional disciplinary action.

Several major professional organizations have rejected conversion therapy as ineffective and potentially harmful. They maintain that ethical therapeutic practices addressing sexual orientation and gender identity should instead focus on promoting self-acceptance and developing coping skills.

Under the Colorado law, licensed or registered psychologists and therapists could not take any action that attempted to change the sexual orientation or gender identity of a minor. The 2019 statute specifically excluded practices or treatments providing “acceptance, support…and identity exploration and development.”

Licensed therapist Kaley Chiles filed a lawsuit in 2022, alleging that Colorado’s law violated her First Amendment rights by restricting speech during therapy sessions.

In an 8-to-1 decision handed down on Tuesday, the Supreme Court ruled in favor of the plaintiff. In the majority opinion, Associate Justice Neil Gorsuch wrote: “The law distinguishes between two opposed sets of ideas—the one resisting, the other reflecting, the state’s own view of how to speak with minors about sexual orientation and gender identity…[It] draws a line based on the speaker’s opinion or perspective, and thus enables speech on only one side—the state’s preferred side—of an ideologically charged issue.”

Delaware’s conversion therapy law, enacted in 2018, passed the General Assembly on a vote split, largely along party lines, with Democrats overwhelmingly supporting the measure. Senate Bill 65 was signed into law a year before the Colorado measure, which mirrors its forerunner.

State Rep. Rich Collins, R-Millsboro, who was one of 14 House members voting “no” on the bill, applauded the High Court’s decision.

The majority got it right,” Rep. Collins said. “For counseling to truly help people, therapists and clients need to speak openly and honestly. That’s how individuals can fully explore who they are and what they want. When minors are involved, which is the case with both of these laws, the stakes are even higher.”

Rep. Collins stressed that the Court’s decision properly focuses on speech, not on abusive practices.

“The term conversion therapy is broad and includes some discredited methods that were physically coercive and abusive,” he said. “No one who opposed Delaware’s law supported those practices. But the legislation threw out the baby with the bathwater, preventing therapists from expressing views not aligned with those of the bill’s sponsors. Counselors, parents, and clients should be able to work together openly and thoughtfully, guided by compassion and professionalism, not ideology.”

Delaware is one of more than 20 states that have enacted laws banning conversion therapy, and the SCOTUS ruling now casts the future of these mandates into doubt.

While Delaware’s law remains valid for now, it is on shaky legal ground and is vulnerable to a challenge modeled on the Chiles v. Salazar decision.

Recent Updates


Filter by Category

Woodland Ferry Under Threat

The Woodland Ferry, which carries vehicles and passengers across 460 feet of the Nanticoke River southwest of Seaford, dates back to Colonial times, but a state task force is considering options that could threaten its future viability. Established by Executive […]

Woodland Ferry Under Threat

Local Government Authority Diminished by the 153rd General Assembly

House Republicans Largely Opposed Laws that Intruded on the Jurisdictions of Municipal and County Governments A review of the 153rd General Assembly, which ends in a little over two weeks, reveals at least five instances in which state lawmakers stripped […]

Local Government Authority Diminished by the 153rd General Assembly

Delaware Schools Need to Embrace the Advantages of New Technologies

BY State Rep. Jeff Hilovsky I recently traveled to New Jersey to meet with Rowan University Chancellor Dr. Tony Lowman and the Dreamscape Learn Team. Dreamscape Learn is an Extended Reality (Virtual Reality) experience that builds interest, sparks curiosity, increases […]

Delaware Schools Need to Embrace the Advantages of New Technologies

Local Government Authority Diminished by the 153rd General Assembly

House Republicans Largely Opposed Laws that Intruded on the Jurisdictions of Municipal and County Governments A review of the 153rd General Assembly, which ends in a little over two weeks, reveals at least five instances in which state lawmakers stripped […]

Local Government Authority Diminished by the 153rd General Assembly

New Tax Credit Should Encourage More Media Production in The First State

Governor Matt Meyer ceremonially signed legislation on Wednesday establishing Delaware’s first entertainment production tax credit. House Bill 364 (as amended) created the new benefit to encourage media production activity in the First State. “I’m excited about the new opportunities it […]

New Tax Credit Should Encourage More Media Production in The First State

Confusion Over Solicitation and Political Canvassing Creates Friction, Conflict

With less than six weeks remaining until Election Day, political candidates and their supporters throughout Delaware are actively campaigning, leading to more complaints and confrontations over confusion between solicitation and canvassing. Decades of case law have established Americans’ right to […]

Confusion Over Solicitation and Political Canvassing Creates Friction, Conflict

New Law Expands Hunting Opportunities in Delaware

The Statute Also Broadens Ammunition Allowed for Deer Hunting For Immediate Release: June 17, 2026 For More Information: Joseph Fulgham, 302-744-4184 A bill recently signed into law by Gov. Matt Meyer expands hunting in the First State by removing restrictions […]

State Rep. Jeff Hilovsky Not Seeking Reelection

For Immediate Release: Thursday, May 7, 2026For More Information: Joseph Fulgham, 302-744-4184 State Rep. Jeff Hilovsky (R-Long Neck, Oak Orchard) announced today that he will not seek reelection this fall. The two-term legislator said his decision was mainly motivated by […]

State Rep. Jeff Hilovsky Not Seeking Reelection

Delaware Schools Need to Embrace the Advantages of New Technologies

BY State Rep. Jeff Hilovsky I recently traveled to New Jersey to meet with Rowan University Chancellor Dr. Tony Lowman and the Dreamscape Learn Team. Dreamscape Learn is an Extended Reality (Virtual Reality) experience that builds interest, sparks curiosity, increases […]

Delaware Schools Need to Embrace the Advantages of New Technologies

— ZOMBIES IN THE HALL —

A Continuing Opinion Feature Looking at Bills That Died in the 153rd General Assembly…But May Rise Again Bill Making Schools Significantly More Expensive to Build and Renovate Likely to Return On the last night of this year’s legislative session, Delawareans […]

— ZOMBIES IN THE HALL —

Woodland Ferry Under Threat

The Woodland Ferry, which carries vehicles and passengers across 460 feet of the Nanticoke River southwest of Seaford, dates back to Colonial times, but a state task force is considering options that could threaten its future viability. Established by Executive […]

Woodland Ferry Under Threat

Bill Prompted by Brutal Crime Signed Into Law

A violent assault and abduction of an elderly Seaford woman prompted legislation that was signed into law Wednesday morning during a ceremony in Gov. Matt Meyer’s Legislative Hall office. State Sens. Stephanie Hansen (D-Middletown) & Bryant Richardson (R-Seaford) and State […]

Bill Prompted by Brutal Crime Signed Into Law