A federal appeals court on Thursday upheld Colorado’s counseling censorship law that bans so-called “conversion therapy.” Colorado’s law prohibits mental health professionals from helping minors struggling with unwanted homosexuality or transgenderism.
Kaley Chiles, a licensed professional counselor in Colorado, brought a lawsuit against Colorado’s Minor Conversion Therapy Law, which was passed in 2019. Kaley helps clients with many issues – including unwanted sexual identity confusion and same-sex attraction.
But Colorado’s law prohibits her from helping minor clients, who struggle with these issues, live according to a biblical sexual ethic.
As The Daily Citizen has previously stated, “‘conversion therapy’ is a term invented by activists who oppose the truth that some people with same-sex attractions or gender identity confusion don’t want to embrace those thoughts, feelings, identities or behaviors. It is a non-existent practice – but these bans have the effect of prohibiting legitimate professional therapy for those with unwanted sexual identity confusion or homosexual identity, attractions and behaviors.”
As we also noted, “people actually do find freedom from homosexuality and transgenderism. Counseling can be helpful in that process.”
According to Alliance Defending Freedom (ADF), which is representing Chiles, Colorado’s therapy ban violates her – and all counselor’s – freedom of speech and infringes on her free exercise of religion. It also censors the speech of her clients by prohibiting certain private client-counselor conversations regarding sexual orientation and gender identity. It also removes agency and autonomy from clients who desire such therapy.
As a result of counseling censorship laws in numerous states,
Licensed counselors are barred from activity such as helping a teen girl struggling with sexual identity confusion to embrace her innate femininity and accept herself as a young woman, created in the image of God.
If a boy was struggling with homosexual fantasies, pornography or sexual activity, a counselor could not assist him in living according to his Christian faith.
On September 12, a three-judge panel on the 10th U.S. Circuit Court of Appeals ruled 2-1 that Colorado’s counseling censorship law is constitutional.
Judge Veronica Rossman, a nominee of President Joseph R. Biden, wrote the court’s majority opinion; she was joined by Judge Nancy Moritz, a nominee of former President Barack Obama.
The court reasoned that speech in the context of a counseling session transforms that speech into “conduct” that is not protected under the First Amendment.
Judge Harris Hartz, a nominee of former President George W. Bush, dissented from the court’s decision.
He correctly argues in his dissent that the majority opinion wrongly classifies talk therapy in a counseling session as “conduct” and not speech.
He writes,
A regulation that bars speech because of what it communicates is a direct regulation of speech, not a regulation of conduct that incidentally affects speech. Failure to recognize this is the fundamental error in the majority opinion.
If talk therapy is speech (and it is), then it is protected by the First Amendments’ Free Speech Clause.
In a statement following the court’s decision, ADF Legal Counsel Cody Barnett said that the government should have “no business censoring private conversations between clients and counselors, nor should a counselor be used as a tool to impose the government’s biased views on her clients.”
He added,
We will consider all options to stop the unlawful attempt of Colorado officials to ban someone’s speech simply because they disagree with the viewpoints expressed.
All Americans should be allowed to speak freely and seek the best possible help they desire.
The court’s decision could be appealed en banc (to the full court) to the 10th Circuit or to the U.S. Supreme Court.
Individuals struggling with unwanted homosexuality or transgenderism deserve the right to seek help from caring counselors who will help them live according to their values and goals. No law should stop them from doing so.
The Daily Citizen will keep you apprised of any important developments in this case.
The case is Chiles v. Salazar.
If you or someone you know is struggling with homosexuality or transgenderism, Focus on the Family offers a one-time complimentary consultation with our ministry’s professionally trained counseling staff. The consultation is free due to generous donor support.
To reach Focus on the Family’s counseling service by phone, call 1-800-A-Family (232-6459) weekdays 6:00 a.m. to 8:00 p.m. (Mountain Time). Please be prepared to leave your contact information for a counselor or chaplain to return a call to you as soon as possible. Alternatively, you can fill out our Counseling Consultation Request Form.
We also offer local referrals for licensed counselors who align with the mission and values of Focus on the Family.
Related articles and resources:
Counseling Consultation & Referrals
Waterloo City Council Repeals Counseling Censorship Ordinance
Counseling for Sexual Identity Concerns: A Measured, Careful, and Compassionate Approach.
Does Focus on the Family Promote “Gay Conversion Therapy”?
Freedom from Homosexuality – What’s the Controversy?
Therapy Bans Threaten Religious Freedom, Free Speech and Parental Rights
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