The Supreme Court heard the case of Kaley Chiles, a Christian counselor challenging a Colorado law barring counselors from helping clients overcome same-sex attraction and gender identity confusion through faith-based counseling. The case, Chiles v. Salazar, could set a precedent for other states, determining whether Christian counselors can be barred from providing such counseling.
Chiles, a licensed counselor in Colorado who receives clients seeking to stop unwanted sexual attractions or overcome gender dysphoria through Biblical means, challenged Colorado’s 2019 Minor Conversion Therapy Law in 2022, arguing that it violates the Constitution’s Free Speech and Free Exercise Clauses. The law bars counselors and licensed professionals like Chiles from providing so-called “conversion therapy” to minors, which the state defines as any form of therapy seeking to change gender expression and behaviors or mitigate same-sex attractions. Those who violate the law are subject to up to $5,000 per violation and could be stripped of licensing.
Chiles, represented by Alliance Defending Freedom, filed suit in September 2022, but the 10th U.S. Circuit Court of Appeals ruled to uphold the law in September 2024. In November 2024, Chiles asked the Supreme Court to hear her case, which it agreed to do in March.
ADF Chief Legal Counsel Jim Campbell defended Chiles in the hearing, arguing that the law is unconstitutional because it is based on viewpoint discrimination.
“Colorado forbids counselors like Kaley Chiles from helping minors pursue state disfavored goals on issues of gender and sexuality,” Campbell said. “This law prophylactically bans voluntary conversations, censoring widely held views on debated moral, religious and scientific questions. Aside from this law and recent ones like it, Colorado hasn’t identified any similar viewpoint-based bans on counseling. These laws are historic outliers.”
Campbell argued that Chiles, who is not giving medications or conducting procedures, works on the basis of consensual speech, which is protected by the First Amendment.
At one point, Justice Ketanji Brown Jackson questioned how a professional therapist helping a client achieve their goals was a considered a message the First Amendment protects.
“A one-on-one conversation is a form of speech, and that’s exactly what’s going on with Ms. Giles and her clients,” Campbell said. “… This is an ongoing active dialogue where she’s helping them to explore their goals, and that absolutely has to be protected by the First Amendment.”
On the steps of the Supreme Court building, Campbell spoke to reporters in a press conference following the arguments.
“As we made our arguments to the court today, the court seemed very receptive to the points we were making,” he said. “The court acknowledged that Colorado is trying to censor private conversations between licensed professionals and their clients. Specifically, that would be in violation of what this court said just a handful of years ago in the NIFLA v. Becerra case, where the court recognized the harms of censoring private conversations between counselors, doctors and their clients.”
“The court indicated, gave many, many indications that it was bothered by the law. It seemed to me that the court views this, at least many members of the court view this as a viewpoint-based law, and under the First Amendment, Colorado is not allowed to censor viewpoints based on which side of the aisle they fall on.”
Chiles says that without First Amendment protections, many minors seeking Biblical help would not receive the aid they are looking for.
“When my young clients come to me for counsel, they often want to discuss issues of gender and sexuality,” Chiles said. “… I’m hopeful the Supreme Court will do the right thing—for me, other counselors, and most importantly, kids everywhere.”
The Supreme Court will announce a decision before the end of its term, which is late June or early July 2026. Their decision could redefine state regulations on faith-based counseling. Laws banning such therapy for minors exist in more than 20 states.
