Do Bans on Conversion Therapy Violate the First Amendment?

We the People

National Constitution Center

History, News Commentary, News

4.6 • 1K Ratings

🗓️ 9 October 2025

⏱️ 62 minutes

🔗️ Recording | iTunes | RSS

🧾️ Download transcript

Summary

In this episode, Stephanie Barclay of the Georgetown University Law Center and Erwin Chemerinsky of the UC Berkeley School of Law join to recap the oral arguments from Chiles v. Salazar and discuss whether Colorado’s ban on conversion therapy violates the First Amendment. Jeffrey Rosen, president and CEO of the National Constitution Center, moderates. Resources United States v. Skrmetti (2025) Mahmoud v. Taylor (2025) NIFLA v. Becerra (2018) Tarasoff v. Regents of the University of California (Cal. 1976) Stephanie Barclay et al., “Brief amici curiae of First Amendment Scholars,” Chiles v. Salazar (6/13/2025) Erwin Chemerinsky et al., “Brief amici curiae of Constitutional Law Scholars,” Chiles v. Salazar (8/26/2025) Cass Report (2024) In our new podcast, Pursuit: The Founders’ to Guide to Happiness Jeffrey Rosen explores the founders’ lives with the historians who know them best. Plus, filmmaker Ken Burns shares his daily practice of self-reflection. Listen to episodes of Pursuit on Apple Podcast and Spotify. Stay Connected and Learn More Questions or comments about the show? Email us at ⁠⁠⁠[email protected]⁠⁠⁠ ⁠⁠⁠Continue the conversation by following us on social media @ConstitutionCtr ⁠⁠⁠ Explore the⁠⁠ ⁠America at 250 Civic Toolkit⁠⁠⁠ ⁠⁠⁠Sign up⁠⁠⁠ to receive Constitution Weekly, our email roundup of constitutional news and debate Follow, rate, and review wherever you listen Join us for an upcoming⁠⁠⁠ ⁠⁠⁠⁠⁠⁠live program⁠⁠⁠ or watch recordings on⁠⁠⁠ ⁠⁠⁠⁠⁠⁠YouTube⁠⁠⁠ Support our important work: ⁠⁠⁠Donate⁠⁠

Transcript

Click on a timestamp to play from that location

0:00.0	On October 7th, 2025, the Supreme Court heard oral arguments in Childs v. Salazar.
0:09.7	Hello, friends. I'm Jeffrey Rosen, president and CEO of the National Constitution Center,
0:15.0	and welcome to We the People, a weekly show of constitutional debate.
0:18.8	The National Constitution Center is a nonpartisan nonprofit,
0:22.1	chartered by Congress, to increase awareness and understanding of the Constitution
0:26.0	among the American people.
0:28.1	This week we'll recap the oral arguments in Charles v. Salazar and discuss whether
0:33.3	Colorado's ban on conversion therapy violates the First Amendment.
0:37.5	To help us explore this important topic, we have two of America's leading scholars on the First Amendment.
0:42.9	Stephanie Barkley is Professor of Law, Georgetown Law School, and the faculty co-director of the Georgetown Center for the Constitution.
0:50.2	Her research focuses on the role our democratic institutions play in protecting minority rights,
0:55.8	especially at the intersection of free speech and religious exercise. Stephanie, it's wonderful to welcome you back to We the People.
1:03.3	Thanks so much, Jeff. It's great to be here.
1:05.4	And Erwin Chemrinsky is dean of UC Berkeley School of Law and the Jesse H. Choper Distinguished Professor of Law,
1:12.7	a leading First Amendment scholar. He's the author of 19 books, including preeminent case books
1:17.7	and treatises about constitutional law, criminal procedure, and federal jurisdiction.
1:22.3	Irwin, it's wonderful to welcome you back to We the People.
1:25.1	It's great, my great pleasure. Thank you for having me.
1:27.9	Stephanie, let's jump right in.
1:29.6	What is Colorado's ban on conversion therapy, and why do you believe that it violates
1:34.6	the First Amendment?
1:35.9	Sure.
	...

Please login to see the full transcript.

Previous episode | Next episode

Disclaimer: The podcast and artwork embedded on this page are from National Constitution Center, and are the property of its owner and not affiliated with or endorsed by Tapesearch.

Generated transcripts are the property of National Constitution Center and are distributed freely under the Fair Use doctrine. Transcripts generated by Tapesearch are not guaranteed to be accurate.