The Supreme Court announced Monday it will hear a dispute over a licensed counselor’s ability to talk to her clients through faith and understanding when consulting on gender identity issues.
The case, Chiles v. Salazar, involves Kaley Chiles, a Christian counselor in Colorado, who sued state officials after Colorado passed a law in 2019 banning “conversion therapy.” The law applies to patients who are under 18 years old. Ms. Chiles sued Patty Salazar, who leads the Colorado Department of Regulatory Agencies, to challenge the ban.
Ms. Chiles said in her petition that the law is mislabeled and bans speech by prohibiting counselors from working with clients to change how they feel about their gender or attraction to a person of the same sex.
The state does not ban counseling that accepts or supports same sex orientation or gender transitioning, according to Ms. Chiles’ court filing.
Ms. Chiles, represented by the religious liberty law firm Alliance Defending Freedom, said the law runs afoul of the First Amendment since it discriminates based upon viewpoint.
Colorado says it is regulating conduct of health professionals subject to discipline, which 20 other states permit.
A lower court agreed with the state that the law regulates conduct, not speech. The decision prompted Ms. Chiles to appeal.
More than 20 states and 100 localities have laws that regulate a counselor’s ability to converse with minor patients suffering from gender dysphoria.
It took four justices to vote in favor of hearing the case, which will be argued next term.
No date for the hearing has been set at this time, but the new term begins in October of 2025 and runs through June 2026.
