SCOTUS To Hear Challenge To Colorado’s Gender Identity ‘Censorship Law’

The Supreme Court will hear a challenge to a Colorado law that has been called the state’s so-called “conversion therapy” ban.

The case was brought by the Alliance Defending Freedom on behalf of private Colorado Springs counselor Kaley Chiles, who says the law violates her First Amendment rights to free speech. Passed in 2019, the law prohibits counseling that “attempts or purports to change an individual’s sexual orientation or gender identity.”

“Many of my clients chose to work with me because we share a similar perspective on faith and values,” Chiles said during a press call on Wednesday morning. “However, I’m facing a serious challenge. Colorado’s counseling censorship law threatens my ability to engage in private, professional conversations with my clients.” 

Chiles added that the law pushes children with gender dysphoria “toward harmful medical interventions” while not allowing counselors to help those who may want to detransition. 

Penalties for violating the law include a fine of up to $5000 and professional disciplinary action that could include loss of one’s counseling license. 

“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. 

Campbell added that Chiles has been forced to turn away multiple clients over the law. 

“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.”

Colorado’s law was previously upheld by the 10th Circuit Court of Appeals while the 11th Circuit Court of Appeals struck down similar laws implemented by cities in Florida. The Supreme Court is expected to hear arguments on the Colorado law in October. 

The Supreme Court is also poised to rule this summer on another transgender-related case. In December, the court heard a challenge to a Tennessee law banning transgender medical procedures on children. Analysts believe that the justices will uphold that law after the conservative-leaning court appeared largely skeptical of the challenge.