Opening Brief Filed at SCOTUS Defending Christian Counselor’s Free Speech
Alliance Defending Freedom (ADF) attorneys filed their opening brief with the U.S. Supreme Court on Friday, defending Colorado licensed counselor Kaley Chiles’ constitutional right to free speech.
Chiles, a devout Christian, wants to help her clients with issues they’re facing – including unwanted sexual identity confusion and same-sex attraction. Chiles doesn’t force her beliefs on her clients, nor does she engage in unethical counseling practices.
Nonetheless, Colorado’s Minor Conversion Therapy Law, enacted in 2019, censors her speech and forces her to deliver only government-approved messages on homosexuality and transgenderism to her minor clients.
Under Colorado’s law, Chiles cannot help her clients live out a biblical sexual ethic; she cannot help minors struggling with unwanted sexual identity confusion or same-sex attraction embrace their bodily reality as a male or female or seek freedom from homosexuality.
Chiles can only steer her clients towards a transgender identity or homosexuality – something that violates both her faith and her right to free speech.
To protect her faith, her career, and her livelihood, Chiles filed a lawsuit arguing the statue violates the First Amendment’s Free Speech Clause. She moved to enjoin the law as applied to her counseling. However, a federal district court denied the motion, and upon appeal, a divided panel on the Tenth Circuit Court of Appeals affirmed the decision.
On Monday, March 10, the Supreme Court agreed to hear Chiles’ case. The question presented to the Court is:
The brief explains:
“Counseling is vital speech that helps young people better understand themselves, their desires, their actions, and their identity,” the brief continues.
“Colorado interjects itself into those conversations, silences views it dislikes, and tries to control what those kids believe about themselves and who they can become. Such priceless speech on such important issues lies at the First Amendment’s core. The Court should protect it.”
Colorado is one of at least 23 states, plus Washington D.C., that have counseling censorship laws in place. Various lawsuits have been filed challenging the laws’ constitutionality, and our nation’s courts have reached conflicting conclusions.
While the 11th Circuit decided such laws are unconstitutional, the 3rd Circuit, 9th Circuit and 10th Circuit have reached the opposite conclusion, creating a “circuit split.” When this happens, the Supreme Court is more apt to get involved to resolve the split and ensure a uniform rule of law nationwide.
“The government has no business censoring private conversations between clients and counselors,” said ADF Chief Legal Counsel Jim Campbell in a statement, adding,
“We are eager to defend Kaley’s First Amendment rights and ensure that government officials don’t impose their ideology on private conversations between counselors and clients,” Campbell added.
Arguments in the case are expected to be held during the Court’s next term, beginning in October. The Daily Citizen will keep you updated as this case progresses.
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:
Supreme Court Agrees to Hear Case on Colorado’s Counseling Censorship Law
Colorado Counselor Asks U.S. Supreme Court to Hear Free Speech Case
Counseling for Sexual Identity Concerns: A Measured, Careful, and Compassionate Approach
Photo from Alliance Defending Freedom.
