Supreme Court to decide if faith-based counseling on gender identity is protected speech

The Supreme Court hears arguments in Chiles v. Salazar, where Christian therapist Kaley Chiles challenges Colorado's conversion therapy ban as a First Amendment violation.

People flank State Rep. Dana Michaelson Jenet as she speaks during a signing of two bills on May 31, 2019. One bans the use of conversion therapy on minors in Colorado. (Aaron Ontiveroz/MediaNews Group/The Denver Post via Getty Images)

The closely watched case centers on a law passed by Colorado in 2019 that bans what it describes as "conversion therapy." About two dozen states have similar measures in place, and the outcome of this case could affect those.

Chiles' lawyers say the state law amounts to "viewpoint censorship," arguing that "Colorado’s statute has undeniably silenced her." 

They argue conversion therapy is an overly broad term and that the law puts therapists like Chiles at risk of thousands of dollars in fines and revocation of their licenses if they violate it.

In a statement over the summer, Colorado Attorney General Phil Weiser defended the law, which the state claims only bans therapists from performing treatments that have the predetermined outcome of converting a minor's sexual orientation or gender identity.

"So-called conversion therapy is an inhumane and abusive practice overwhelmingly shown to harm young people," Weiser said. "We have a compelling interest in protecting children from this dangerous pseudoscience."

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A transgender rights supporter takes part in a rally outside of the U.S. Supreme Court as the justices hear arguments in a case on transgender health rights on Dec. 4, 2024, in Washington, DC. (Kevin Dietsch/Getty Images)

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Attorney Kate Anderson of Alliance Defending Freedom, a conservative advocacy group representing Chiles in litigation, told reporters ahead of oral arguments that the Colorado web designer's case gave her optimism.

The conversion therapy law is "another example of Colorado trying to censor speech in a slightly different context, but very much related," Anderson said. "And we're hopeful that the Supreme Court will again give a bold vindication of free speech for everyone."

Ashley Oliver is a reporter for Fox News Digital and FOX Business, covering the Justice Department and legal affairs. Email story tips to ashley.oliver@fox.com.

https://www.foxnews.com/politics/christian-therapist-challenges-colorado-conversion-therapy-ban-supreme-court