In an 8-1 opinion Tuesday, the U.S. Supreme Court ruled that a Colorado law violates the First Amendment by discriminating against the free speech rights of a Christian therapist who helps minors embrace their biological reality and heterosexual inclinations.
In Chiles v. Salazar, Kaley Chiles, a licensed Christian therapist, challenges a 2019 Colorado law banning conversion therapy helping clients under 18 who want to rid themselves of unwanted gender ideologies that reject biology.
Chiles does not provide any type of physically-altering service. Instead, she counsels her clients in order help them achieve their psychological goals. As such, she is engaging in constitutionally-protected free speech, the court ruled:
“Held: Colorado’s law banning conversion therapy, as applied to Ms. Chiles’s talk therapy, regulates speech based on viewpoint, and the lower courts erred by failing to apply sufficiently rigorous First Amendment scrutiny.”
“When the government seeks not just to restrict speech based on its subject matter, but also seeks to dictate what particular ‘opinion or perspective’ individuals may express on that subject, ‘the violation of the First Amendment is all the more blatant,’” the court explained:
“As applied to Ms. Chiles, Colorado’s law regulates the content of her speech and goes further to prescribe what views she may and may not express, discriminating on the basis of viewpoint.
“The law permits her to express acceptance and support for clients exploring their identity or undergoing gender transition, §12–245–202(3.5)(b), but forbids her from saying anything that attempts to change a client’s ‘sexual orientation or gender identity,’ including efforts to change ‘behaviors,’ ‘gender expressions,’ or ‘romantic attraction[s],’ §12–245–202(3.5)(a).”
In essence, the Colorado law favors expression of one viewpoint, but forbids another, by allowing therapists to affirm a minor's chosen gender identity or sexual orientation, while prohibiting them from helping minors who no longer want to defy biological norms.
Chiles is represented by Alliance Defending Freedom (ADF), which cheered Tuesday’s ruling in a statement:
“Counselors walking alongside these young people shouldn’t be limited to promoting state-approved goals like gender transition, which often leads to harmful drugs and surgeries. The Supreme Court’s ruling is a victory for counselors and, more importantly, kids and families everywhere.”
“Kids deserve real help affirming that their bodies are not a mistake and that they are wonderfully made. The U.S. Supreme Court’s decision today is a significant win for free speech, common sense, and families desperate to help their children,” said ADF Chief Legal Counsel Jim Campbell, who argued before the court in October:
“States cannot silence voluntary conversations that help young people seeking to grow comfortable with their bodies.”
Tuesday’s Supreme Court’s ruling will help protect counselors threatened by similar laws in more than 20 states and over 100 localities across the country, freeing them to help struggling youth seeking professional guidance, ADF notes.
