High Court to Weigh First Amendment Clash Over Talk Therapy Restrictions
The U.S. Supreme Court will hear Chiles v. Salazar, a case challenging Colorado’s 2019 counseling ban that restricts licensed mental health counselors from helping minors address unwanted same-sex attractions, behaviors, or gender confusion. The law, which imposes fines up to $5,000 per violation and threatens license suspension, is accused of violating counselors’ First Amendment rights. Arguments are set for fall 2025, with a ruling expected in 2026.
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Kaley Chiles, a Colorado counselor, argues the ban prevents her from aiding clients who seek to align their feelings with their goals, stifling her free speech. Liberty Counsel, which filed an amicus brief urging the Court to take the case, calls the law viewpoint discrimination, citing evidence that talk therapy is safe and effective. The group has successfully overturned similar bans in Florida and Iowa.
Mat Staver of Liberty Counsel hailed the upcoming review, stating, “Talk therapy is speech, and the government has no authority to restrict it to one viewpoint. All counseling bans must end so people can access the help they need.”
The issue has divided federal appeals courts for over a decade. In 2023, Justices Thomas, Alito, and Kavanaugh signaled openness to reviewing such bans, with Thomas calling them “discrimination in its purest form.” Now, SCOTUS will determine if these laws infringe on free speech and religious rights.
