The Supreme Court on Tuesday will hear arguments in a case centered on a counselor in Colorado who could be punished under state law for helping gender-confused children become comfortable with their own body instead of pursuing irreversible transgender medical procedures.
The case pits the State of Colorado against counselor Kaley Chiles, who is challenging a Colorado law that prohibits counseling that “attempts or purports to change an individual’s sexual orientation or gender identity.” Chiles said that the law violates her First Amendment rights and has prevented her from taking several clients.
“When my young clients come to me for counsel, they often want to discuss issues of gender and sexuality. Yet my home state only allows my clients to pursue state-approved goals like gender transition,” she said. “Colorado’s law harms kids and censors speech. I’m hopeful the Supreme Court will do the right thing — for me, other counselors, and most importantly, kids everywhere.”
Chiles is being represented by the Alliance Defending Freedom (ADF), which argues that Colorado’s law, passed in 2019, is a direct attack on professional speech.
“This case is about censorship. The state of Colorado is censoring counselor speech on the issue of gender ideology,” Alliance Defending Freedom lawyer Kate Anderson said on a press call attended by The Daily Wire. “Colorado is saying that if a counselor is going to speak with a minor, have a private, voluntary counseling session with a minor, and that minor is dealing with any kind of gender ideology, confusion, then that counselor has to encourage transition.”
“They can’t have conversations with that minor to help them become comfortable in their own body and align their feelings with their biology, even if that’s what that minor wants,” Anderson added.
She pointed to the 2018 Supreme Court ruling where the court sided with the National Institute of Family and Life Advocates, which had challenged a California law that mandated that crisis pregnancy centers provide information on how to obtain abortions.
Anderson said she expected this past ruling to come up during oral arguments, as well as the science demonstrating the lack of scientific support for transgender procedures.
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 has been skeptical of transgender ideology in recent years and has allowed states to ban transgender procedures on minors.
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