Christian Counselor Challenges Free Speech Laws in Supreme Court
Kayley Chile, a Christian counselor, is seeking recognition for her right to free speech as the Supreme Court prepares to hear her case. She is challenging state regulations that restrict how counselors can assist minors facing issues related to gender and sexuality.
In Colorado, there’s a ban on “conversion therapy.” This law permits counselors to support young people in living as their identified gender. However, those who help clients—particularly minors—align with their biological sex risk disciplinary action, including the loss of their licenses.
“I’m not the only one facing limitations on my speech,” Chile remarked, noting that many clients lack adequate care options.
The Minor Conversion Therapy Law (MCTL), enacted in Colorado in 2019, defines “conversion therapy” as efforts to alter someone’s sexual orientation or gender identity. Chile maintains that her clients often seek guidance rooted in their faith and believe that aligning with their religious principles is crucial for understanding their true identities.
Under 23 state laws, counselors are unable to talk freely with minors dealing with gender dysphoria, being compelled instead to encourage a “transition.” Colorado defends its law by claiming it prohibits practices aimed at changing a minor’s sexual orientation or gender identity, stating that it does not mandate therapists to “affirm” their clients’ current identities.
Chile argues that families who desire more varied counseling approaches—beyond what the government sanctions—are being neglected under these laws. Many are struggling with these issues and looking for solutions that don’t involve medical interventions like drugs or surgery, said Jonathan Scruggs, a senior lawyer at Alliance Defending Freedom.
In 2024, the 10th Circuit Court of Appeals ruled against Chile, concluding that she had not demonstrated a potential success regarding her claims of free speech infringement. Colorado contends that major medical associations agree conversion therapy is harmful and unnecessary, and it often cites credentials from the American Psychological Association and similar bodies.
According to these advocates, the evidence supporting the Colorado counseling ban suggests a need for psychosocial treatment rather than harm. Judge Harris Harts, in his counterargument, implied that true scientific progress doesn’t come from merely bowing to authority.
Some parents have reported difficulties finding counselors who respect their beliefs, as many practitioners are inclined to advocate for medical transition. ADF’s senior lawyer, Kate Anderson, emphasized that if a child’s goal is to reconcile their feelings and find comfort in their body, they often can’t locate the appropriate assistance due to the looming threat of penalties.
A recent report from the UK indicates “weak evidence” to support the provision of hormone blockers in adolescents, fueling concerns among clinicians that conversion therapy laws deter them from accepting referrals for young individuals questioning their gender.
Alongside Washington, D.C., 23 states have enacted similar laws banning conversion therapy, including Cuyahoga County in Ohio, which was noted as the first county in the state to pass such a ban.
Chile expressed hope that the Supreme Court will affirm her right—and that of her clients—to free speech, as it impacts broader freedoms where individuals should be able to engage in consultations without government involvement.
