The first blockbuster Supreme Court case was heard on Tuesday, October 7. It was Chiles v. Salazar, a free speech challenge asking the Court to overturn Colorado’s law banning licensed therapists and other health professionals from practicing “conversion therapy” with LGBTQ+ patients under 18.

Get involved in state-level prayer with IFA.

View Comments (7)

The question the Court is to resolve is: Is talk therapy by a licensed therapist and a patient confused about their sexual orientation or gender identity considered free speech or medical treatment?

Brief Background of the Arguments

The petitioner, Kaley Chiles, a Christian therapist, argues that the ban prohibits therapists from encouraging patients to embrace their birth sex or to live heterosexually as God intended. Under the Colorado ban, therapists can only legally affirm a patient’s sexual preferences and gender identity, yet not explore underlying reasons or trauma that may have led to their sexual confusion.

Kaley Chiles says the ban violates her free speech and prohibits minors seeking ‘faith-informed’ counseling to help them accept their biological sex with their sexual attractions and identity to get the therapy they choose and want.

Ms. Chiles said in court papers, “Therapy is vital speech that helps young people better understand themselves.”

Colorado argues that sexual orientation and gender identity are irreversible facts and part of the “normal spectrum of human diversity”. Therefore, there is no need for conversion talk therapy. The state also argues that talk therapy with a licensed professional is not free speech but professional conduct and medical treatment.

“A state cannot lose its power to regulate the very professionals that it licenses just because they are using words,” the state argued.

Sadly, most of the professional medical associations support the bans, declaring conversion therapy “ineffective.” Justice Alito did point out in his questioning that sometimes “medical consensus has been politicized and taken over by ideology.”

Kaley Chiles was represented by Alliance Defending Freedom attorney James A. Campbell and Hashim M. Moopan, Deputy Solicitor General at the Department of Justice. His presence indicates the Trump Administration is interested in the outcome of this case.

Colorado was represented by the state’s Solicitor General, Shannon W. Stevenson. You can read a transcript of the 90-minute Supreme Court hearing here.

Justices’ Questions May Signal an Overturning

The six conservative justices and surprisingly liberal justice, Elena Kagan, appeared sympathetic to Kaley Chiles’ free speech argument.

Justice Samuel Alito quickly got to the heart of the free speech matter by observing that Colorado is attempting to regulate speech in favor of a particular viewpoint. He said…

“One viewpoint is the viewpoint that a minor should be able to obtain talk therapy to overcome same-sex attraction, if that’s what he or she wants, and the other is the viewpoint that the minor should not be able to obtain talk therapy to overcome same sex attraction, even if that is what he or she wants. Looks like blatant viewpoint discrimination.”

Chief Justice John Roberts questioned Colorado’s argument that the state is legally allowed to regulate treatment and professional conduct. Justice Roberts declared, “Just because they are engaged in conduct doesn’t mean their words aren’t protected.”

Justice Elena Kagan appeared skeptical about Colorado’s law as well, wondering why one doctor with one opinion would be punished but another doctor with a different opinion would not. She hypothesized that if a minor patient identifying as gay and one doctor offers to help the patient accept that he is gay, while the other offers to help him change that, why is one permissible and the other is not? Justice Kagan said, “That seems like viewpoint discrimination in the way we would normally understand viewpoint discrimination.”

Justice Ketanji Brown-Jackson appeared to support the state’s position that it is regulating medical treatments. She wondered if the Supreme Court, which upheld Tennessee’s ban on “gender-affirming” care, would not also uphold Colorado’s ban on “conversion” talk therapy. “It just seems odd to me that we might have a different result here,” she said.

It appears from the questioning that there may be five votes (if not more) to overturn Colorado’s ban on conversion therapy.

Decision Expected This Summer

A decision is expected by June 30, 2026. Twenty-three states and D.C. have similar conversion bans. If the Supreme Court rules for the petitioner, all state bans against conversion therapy will be declared unconstitutional under the free speech clause of the First Amendment.

The Supreme Court has backed free speech and religious expression where they conflict with the LGBTQ+ agenda before, i.e., in Mahmoud v. Taylor, saying parents could opt their children out of classes featuring LGBTQ+ books.

Will they back free speech and religious expression once again in Chiles v. Salazar? That is our fervent prayer.

If the Supreme Court rules in favor of Kaley Chiles, the ruling would most likely only apply to talk therapy with a minor asking for help in sorting through their gender and sexual orientation confusion.

After the oral argument, Kaley Chiles said, “There are numerous adolescents and their families who have the goals that Colorado says are not allowed, and we are hopeful that in the future, we will be able to have a therapeutic relationship back.”

“For I know the thoughts that I think toward you, says the Lord, thoughts of peace and not of evil, to give you a future and a hope.” (Jeremiah 29:11)

Let’s Pray

Heavenly Father, we come before you in the name of Jesus Christ to lift up the nine justices of the Supreme Court as they weigh the merits of this case, Chiles v. Salazar, and make a decision that will affect our entire nation.

Lord, we know this is a heavy burden. We pray that You are in the midst of their deliberations, guiding them towards Your justice and righteousness. May they decide this case so that Your truth and wisdom are exalted and that evil is restrained in the land. Father, pour out your Holy Spirit upon them and incline their hearts towards Your law and perfect will.

We thank you for Kaley Chiles and her courageous stand to minister and treat gay and gender confused children with the truth of Your Word. We pray you protect and bless her and her family, as well as Alliance Defending Freedom and the Department of Justice, as they fight this battle against the enemy who wishes to destroy our children’s lives by deceiving them into a destructive lifestyle that does not honor You. “For we do not wrestle against flesh and blood, but against principalities, against powers, against the rulers of the darkness of this age, against spiritual hosts of wickedness in the heavenly places.” (Ephesians 6:12)

Please heal every child suffering from gender confusion or same-sex attraction. Lead them to wise and caring pastors or Christian therapists and medical professionals who can encourage, instruct, and support them in God’s perfect will and plan to live godly and holy lives. May every child know that they are deeply loved, known, and forgiven by You. May they follow You above their own desires all the days of their life.

In Jesus’ Name, Amen.

How are you praying about this case? Share your prayers and scriptures below.

Belinda Brewster analyzes cultural, political, and world events from a biblical worldview. Belinda’s passion is to equip, support, and encourage parents and grandparents who are courageously battling against the spiritual and cultural forces impacting children and grandchildren. Photo Credit: Chip Somodevilla/Getty Images.