The Supreme Court has overwhelmingly struck down a Colorado law that banned talk therapy for minors with unwanted same-sex attraction and gender dysphoria.
The high court ruled 8-1 that the ban was a violation of the First Amendment guarantee of free speech for licensed counselors. Only Justice Ketanji Brown Jackson dissented.
The type of counseling at issue, which has been derided by the left as “conversion therapy,” tries to reduce or resolve sexual identity struggles and gender confusion through talking and addressing any past trauma.
As CBN News previously reported, the non-profit legal group Alliance Defending Freedom (ADF) defended Kaley Chiles, a licensed counselor in Colorado, in the case.
ADF CEO Kristen Waggoner said state officials have “no business censoring private conversations between clients and counselors.”
Critics have pointed out that while Colorado tried to ban talk therapy for those who don’t want to be same-sex attracted, the state allows any counseling that endorses LGBT identities, including transgender transitions.
“Colorado’s law prohibits what’s best for these children and sends a clear message: the only option for children struggling with these issues is to give them dangerous and experimental drugs and surgery that will make them lifelong patients,” Waggoner had warned.
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Justice Neil Gorsuch authored the majority opinion, ruling in favor of Chiles’ counseling practice. Since Colorado’s law regulated speech rather than physical interventions or medication, the court ruled that licensed professionals do not lose their free speech protections just because they have a state license.
“The spoken word is perhaps the quintessential form of protected speech,” wrote Justice Gorsuch. “And that is exactly the kind of expression in which Ms. Chiles seeks to engage. As a talk therapist, all Ms. Chiles does is speak with clients; she does not prescribe medication, use medical devices, or employ any physical methods.”
Chiles said she’s grateful the ruling will allow her to start helping minors once again.
“When my young clients come to me for counsel, they often want to discuss issues of gender and sexuality. I look forward to being able to help them when they choose the goal of growing comfortable with their bodies,” she said. “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.”
ADF Chief Legal Counsel Jim Campbell, who argued before the court in October, also applauded the ruling.
“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,” Campbell said. “States cannot silence voluntary conversations that help young people seeking to grow comfortable with their bodies.”
CBN News Coverage: SCOTUS Takes Case of Christian Counselor Banned From Helping Clients Find ‘God-Given’ Identity
