On Oct. 7, the U.S. Supreme Court heard oral argument in Chiles v. Salazar. This is the latest in a seemingly unending series of cases from Colorado that my colleagues at Alliance Defending Freedom have argued. The cases stem from the state’s apparent aversion to the First Amendment.
Not content with their failed attempts to coerce speech from artists like Jack Phillips of Masterpiece Cakeshop or Lorie Smith of 303 Creative, and not deterred by clear rebukes from the Supreme Court in those cases, the state of Colorado has set its sights on professional counselors.
The law in question bans specific, voluntary counseling conversations, silences the viewpoint disfavored by the government, and leaves struggling youth and their parents with only one government-approved option. Colorado’s law bans counselors like Kaley Chiles from helping minors realign their thoughts and feelings with their biological sex — even when that is the young person’s goal for counseling.
Counseling that affirms so-called “gender transition” is fine by Colorado. Counseling that affirms biological reality is fined by Colorado, up to $5,000 per offense, and could include the loss of licensure.
This is not just an esoteric debate for law school faculty lounges; children’s health and well-being are at stake. Colorado’s defense of this blatant viewpoint discrimination and government censorship hinges on the contention, without a hint of irony, that the state is regulating conduct, not speech. How do Kaley Chiles and her clients engage in the “conduct” of talk therapy without it being speech? Perhaps a high-stakes game of charades? The notion would be laughable if the consequences were not so serious.
If government places an authoritarian thumb on the scale, allowing only one viewpoint, invading the vulnerable space between counselor and client, and dictating one outcome, the victims are children and their families. If the Supreme Court does not protect the speech of counselors like Kaley Chiles and her clients, children in Colorado and more than 20 other states with similar censorship laws will be trapped on a one-way journey to the perils of “gender transition.”
The eventual destination is one of irreversible physical damage, potential sterilization, and a lifetime of being a patient. Our nation’s struggling youth deserve compassionate counseling directed by their goals with assistance from loving parents and professionals, not a government-sponsored pathway to chemicals and surgeries that can leave permanent mental and physical scars.
Adding rhetorical insult to injury is the fact that under Colorado’s law, counseling clients to align their feelings with their biology is deemed “conversion therapy,” while counseling a client to transition from his or her sex to the opposite sex is “gender affirming care.” The assault on common sense and the English language may pale in comparison to the harm suffered by Chiles and her clients, but the First Amendment protects speech because words matter, truth matters, and any attempt by government to silence citizens matters.
The words of C.S. Lewis hold no precedential weight in the courtroom, but in the courtroom of public opinion, where public policy begins, his wisdom can be insightful, if not prophetic, for those willing to listen:
Of all tyrannies, a tyranny sincerely exercised for the good of its victims may be the most oppressive. It would be better to live under robber barons than under omnipotent moral busybodies. The robber baron’s cruelty may sometimes sleep, his cupidity may at some point be satiated; but those who torment us for our own good will torment us without end, for they do so with the approval of their own conscience.
In Colorado, the omnipotent moral busybodies have decided that on the topic of human sexuality, there is only one acceptable conversation for counselors and their clients. Thankfully, the Supreme Court will have the last word. Here’s hoping the last word is in favor of free speech and spoken so clearly that it is unmistakable, even in Colorado.