Colorado bill would let conversion therapy patients sue therapists with no statute of limitations

DENVER — Colorado Democrat lawmakers have introduced a bill that would allow individuals who underwent conversion therapy to sue their mental health providers for damages, with no statute of limitations on filing claims.

House Bill 26-1322, titled “Civil Actions for Conversion Therapy Survivors,” is sponsored by Rep. Alex Valdez, Rep. Karen McCormick, Sen. Lisa Cutter, and Sen. Kyle Mullica. All four sponsors are Democrats. The bill is scheduled for a hearing before the House Judiciary Committee on Wednesday, March 25, at 1:30 p.m.

The bill defines “sexual orientation or gender identity change efforts” as any practice by a licensed mental health professional that seeks to direct a patient toward a predetermined sexual orientation or gender identity outcome. It explicitly excludes neutral counseling, therapy assisting gender transition, and counseling that provides acceptance and identity exploration without directing patients toward a specific outcome.

Broad liability and no time limit

Under the bill, lawsuits could target the therapist directly, any employer or supervisor who knew or should have known about the practices, and anyone who negligently hired or retained such a professional. Plaintiffs could recover economic, noneconomic, and exemplary damages if the conduct was willful or wanton, plus “any other damages deemed appropriate by the court.”

The bill’s causation framework is notably broad. Once a plaintiff establishes through expert testimony, scientific literature, or other evidence that conversion therapy is capable of causing psychological harm, a jury may infer that the plaintiff’s specific injuries were caused by the therapy. The burden then shifts to the defendant to prove the injuries were caused “solely by other factors.” The bill states that the General Assembly intends the law “be interpreted broadly to effectuate its remedial purpose.”

The legislation also applies retroactively to claims that accrued before its July 1, 2026, effective date, so long as the existing statute of limitations has not yet expired. The cause of action survives the death of the injured person.

Timing and the Supreme Court

The bill arrives at a critical moment. Colorado banned conversion therapy for minors in 2019, but that ban is now before the U.S. Supreme Court in Chiles v. Colorado. Kaley Chiles, an Evangelical Christian therapist from Colorado Springs, argues the ban violates her free speech rights. The Tenth Circuit upheld the ban in September 2024, but the Supreme Court took the case. A decision is expected by summer 2026.

If the court strikes down the regulatory ban, HB26-1322 would create a parallel civil liability path that could operate independently. The bill would take effect July 1, around the same time as the anticipated ruling.

The bill includes a safety clause declaring it “necessary for the immediate preservation of the public peace, health, or safety.” Under the Colorado Constitution, this provision exempts the law from voter referendum.

On The Kim Monson Show, host Kim Monson called the bill “a trial attorney’s dream” and raised concerns about its impact on parents seeking counseling for gender-questioning children. Kim Monson said the Colorado Union of Taxpayers, where she serves as president, plans to take a position against the bill.