Colorado Counselor Asks U.S. Supreme Court to Hear Free Speech Case

by Zachary Mettler | November 12, 2024 | Government Updates

A professional counselor in Colorado is asking the U.S. Supreme Court to overturn the state’s counseling censorship law that bans so-called “conversion therapy.”

Kaley Chiles, a practicing Christian and a licensed professional counselor in the Centennial State, helps her clients with myriad issues – including unwanted sexual identity confusion and same-sex attraction.

But Colorado’s Minor Conversion Therapy Law, passed in 2019, prohibits her from helping minor clients struggling with these issues live according to a biblical sexual ethic. The law censors her speech by preventing her from providing her clints with simple talk therapy.

But the law doesn’t just apply to Chiles – it applies to all counselors in Colorado.

Under Colorado’s and other similar censorship laws:

Counselors could not help a teen girl struggling with sexual identity confusion to embrace her innate femininity and accept herself as a young woman, created in the image of God.
If a boy was struggling with homosexual fantasies, pornography or sexual activity, a counselor could not assist him in living according to his Christian faith.

According to the Movement Advancement Protect – a pro-LGBT non-profit organization – 23 states and the District of Columbia have counseling censorship laws in place, while five more states partially ban such therapy.

In September, the U.S. Court of Appeals for the Tenth Circuit upheld Colorado’s law in a 2-1 decision with Judge Harris Hartz, a nominee of former President George W. Bush, dissenting.

“In Colorado, and a number of other States, however, the law restricts the counseling that can be given to minors by one specific group of persons – ironically, those persons specially trained to provide psychological counseling,” Judge Hartz opined, adding,

The issue in this case is whether to recognize an exception to freedom of speech when the leaders of national professional organizations declare certain speech to be dangerous and demand deference to their views by all members of their professions, regardless of the relevance or strength of their purported supporting evidence. As I understand controlling Supreme Court precedent, the answer is clearly no.

Chiles is being represented by attorneys with Alliance Defending Freedom, who filed the petition for writ of certiorari (request to hear the case) with the U.S. Supreme Court.

The question Chiles’ attorneys are asking the Supreme Court to decide is as follows:

Whether a law that censors certain conversations between counselors and their clients based on the viewpoints expressed regulates conduct or violates the Free Speech Clause.

“The government has no business censoring private conversations between clients and counselors, nor should a counselor be used as a tool to impose the government’s biased views on her clients,” said ADF Legal Counsel Cody Barnett in a press release, adding,

As Justice Clarence Thomas wrote in a similar case, even though these types of laws are “viewpoint-based … discrimination in its purest form,” the federal appeals courts are currently divided 2–2 over whether they are valid. We are urging the Supreme Court to hear Kaley’s case, resolve the split, and stop Colorado officials from banning someone’s speech simply because they disagree with her beliefs. All Americans should be allowed to speak freely and seek the best possible help they desire.

As Barnett points out, the federal appeals courts are currently divided on whether states can prohibit talk therapy without violating the First Amendment, which states:

“Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof; or abridging the freedom of speech, or of the press; or the right of the people peaceably to assemble, and to petition the Government for a redress of grievances” (emphasis added).

This division among the courts makes it increasingly likely the U.S. Supreme Court will decide to weigh in on the matter to ensure a uniform rule of law nationwide.

Minors struggling with unwanted sexual identity confusion and same-sex attraction should be able to find hope and healing with the guidance of a professionally trained counselor, who can help direct them towards their goals.

Please pray the Supreme Court will decide to take up Chiles’ case and restore her First Amendment rights – and the rights of her clients seeking help.

The case is Chiles v. Salazar.

If you or someone you know is struggling with homosexuality or transgenderism, Focus on the Family offers a one-time complimentary consultation with our ministry’s professionally trained counseling staff. The consultation is free due to generous donor support.

To reach Focus on the Family’s counseling service by phone, call 1-800-A-Family (232-6459) weekdays 6:00 a.m. to 8:00 p.m. (Mountain Time). Please be prepared to leave your contact information for a counselor or chaplain to return a call to you as soon as possible. Alternatively, you can fill out our Counseling Consultation Request Form.

We also offer local referrals for licensed counselors who align with the mission and values of Focus on the Family.

Related articles and resources:

Counseling Consultation & Referrals

Understanding Homosexuality

Transgender Resources

What Is ‘Conversion Therapy’?

Appeals Court Permits Colorado’s Counseling Censorship Law to Stand

Trump Victory Likely Cements Conservative Supreme Court for Decades to Come

Photo from Alliance Defending Freedom.