Legal Issue(s): NA
Case Description
Today, Christian Legal Society (CLS) and Frazier Law filed an amicus brief in Chiles v. Salazar, a U.S. Supreme Court case with major implications for free speech, mental health counselors, legal counsels (read attorneys), and all licensed professionals.
Kaley Chiles is a licensed counselor and practicing Christian. She believes people flourish when they live aligned with God’s design, including their biological sex. Many of her clients seek her counsel precisely because they believe their mutual faith establishes trust to address struggles with sexual identity and desires.
But Colorado has banned these conversations based on the viewpoints they express. It prohibits Kaley and others like her from saying anything that might encourage a minor to change their sexual orientation or gender identity and expects such counselors to provide “acceptance, support, and understanding . . . including [a]ssistance to a person undergoing gender transition.” The Tenth Circuit upheld this ban under the guise that it regulates conduct, not speech.
In its brief filed in support of Kaley’s position, the Center and Frazier Law point out a critical error and the stakes. Talk therapy is pure speech, not conduct. The Colorado ban violates the First Amendment’s protection for all Americans—including professionals—with its viewpoint discrimination. If allowed to stand, professionals nationwide will find themselves in danger of losing their licenses to practice when states that disfavor certain ideas start regulating them through professional standards. CLS has been fighting this battle for years against the ABA’s Model Rule 8.4(g) that exposes attorneys to discipline if they run afoul of the ABA’s preferred speech codes (singling out Christian viewpoints).
The case is set to be argued in the court’s 2025 October term.
