Courthouse Steps Preview: Chiles v. Salazar

In Chiles v. Salazar the Court will consider the question of whether a Colorado law banning “conversion therapy”—i.e., attempts to “convert” someone’s sexual orientation or gender identity—violate the Free Speech Clause of the First Amendment.

The case arises from a challenge to a Colorado law limiting therapists’ speech when counseling gay and transgender individuals. The Minor Conversion Therapy Law (MCTL) prevents licensed mental health professionals from providing any practice or treatment 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 attractions or feelings toward individuals of the same sex.” Noncompliance could lead to fines, suspensions, or removals of licenses. Kaley Chiles, a professional counselor, brought a challenge, claiming the MCTL violates her First Amendment rights to freedom of speech and free exercise of religion. The district court agreed she had standing, but ruled against her. The 10th circuit affirmed.

In March 2025, the Supreme Court granted cert on just the free speech question. Oral argument is set for October 7, 2025.

Join us for a Courthouse Steps Preview program, where we will walk through the history of the case, the issue before the court, and the potential importance of this case.

Featuring:

Owen Yeates, Senior Attorney, Institute for Free Speech
(Moderator) Paul Avelar, Managing Attorney of the Arizona Office, Institute for Justice

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As always, the Federalist Society takes no position on particular legal or public policy issues; all expressions of opinion are those of the speaker.