Can a state prohibit Christian counselors from talking to minor clients about unwanted homosexual desires? What about gender confusion?

The Supreme Court responded to these questions in the important case, Chiles v. Salazar, on March 31, 2026. The case involved Colorado’s conversion therapy ban, which was challenged by Christian counselor, Kaley Chiles.

Under Colorado law, “conversion therapy” is defined as follows:

“Conversion therapy” means any practice or treatment by a [mental health] licensee, registrant, or certificate holder that attempts or purports to change an individual’s sexual orientation or gender identity, including efforts to change behaviors or gender expressions or to eliminate or reduce sexual or romantic attraction or feelings toward individuals of the same sex.

(b) “Conversion therapy” does not include practices or treatments that provide:

(I) Acceptance, support, and understanding for the facilitation of an individual’s coping, social support, and identity exploration and development, including sexual-orientation-neutral interventions to prevent or address unlawful conduct or unsafe sexual practices, as long as the counseling does not seek to change sexual orientation or gender identity; or

(II) Assistance to a person undergoing gender transition.

C.R.S. 12-245-202(3.5).

Colorado’s law banned all forms of conversion therapy for minors. However, it granted exemptions strictly for affirmation of homosexual or transgender desires.

Ms. Chiles sued, arguing that Colorado’s law would restrict her verbal therapy as a licensed counselor and therefore violated her freedom of speech.

In an 8-1 opinion authored by Justice Gorsuch, the Supreme Court agreed with Ms. Chiles that Colorado’s law violated her freedom of speech under the First Amendment. The Court noted that, by specifically permitting only therapy that affirmed homosexual or transgender desires, Colorado had engaged in unconstitutional viewpoint discrimination. Only Justice Jackson dissented, arguing that rather than being speech, talk therapy is medical conduct that states may freely regulate.

The Court’s opinion is a win for parents who want to obtain biblical counseling for their children dealing with unhealthy sexual desires.

Alliance Defending Freedom Allied Attorney Barry Harrington represented Kaley Chiles. Read more information about the case from ADF here: https://adflegal.org/article/supreme-court-upholds-free-speech-in-counseling/

This case will affect conversion therapy laws around the country, though it remains to be seen exactly how. Check the Law and Policy Vault to see whether your state has a conversion therapy law and what it says. https://heritagedefense.org/Bans-on-Conversion-Therapy