Supreme Court accepts case on Colorado law prohibiting treatment for gender dysphoria
The US Supreme Court has agreed to hear Chiles v. Salazar, where a counselor is challenging a Colorado law that prohibits treating minors for gender dysphoria.
The Minor Conversion Therapy Law (MCTL), also referred to as the Counseling Censorship Law, forbids licensed counselors from having any conversation with a minor that “attempts or purports to change an individual’s sexual orientation or gender identity, including efforts to change behaviors or gender expressions or to eliminate or reduce sexual or romantic attractions or feelings toward individuals of the same sex.”
Critics have pointed out that the Counseling Censorship Law would not penalize counselors who steer children toward a different “gender identity” than they were born with, but rather those who help children embrace their biological sex. In effect, it forbids counselors from helping minors overcome gender dysphoria even if that is the express request of the patient or the patient’s parents. Counselors who treat children for dysphoria can lose their license and face fines of up to $5,000.
Forced to turn away clients seeking help
“Many of my clients chose to work with me because we share a similar perspective on faith and values,” Chiles said on Wednesday. “However, I’m facing a serious challenge. Colorado’s counseling censorship law threatens my ability to engage in private, professional conversations with my clients.”
According to the Daily Wire, Chiles has had to turn away numerous clients because she is forbidden from helping them overcome their gender dysphoria. Even minors who regret succumbing to gender ideology and wish to detransition are unable to retain Chiles’ services.
Alliance Defending Freedom (ADF), the nonprofit legal organization representing Chiles, argues that the law amounts to viewpoint discrimination and infringes on Chiles’ right to free speech.
“We’re very grateful that the U.S. Supreme Court decided to hear this very important case. It’s essential that children and parents have access to safe and effective counseling that meets their needs and that avoids dangerous and experimental medical interventions,” ADF lawyer Jim Campbell said.
“Colorado censors Kaley from speaking words her clients want to hear because the government does not like the views she expresses,” he added. “Government officials may not impose their ideology on private conversations between counselors and their clients.”
Chiles is suing Colorado Department of Regulatory Agencies (DORA) Executive Director Patty Salazar, who heads the state’s umbrella regulatory authority. Salazar argues that counseling is considered conduct, not speech, and therefore not protected by the First Amendment.
