Statement Regarding SCOTUS Decision on Chiles v. Salazar, Executive Director of the Colorado Department of Regulatory Agencies, et al.
- Contact: Kashia Davis, Outreach Director
- Email: Kashia@CHEC.org
- Phone: 303-358-7918 | CHEC Office: 720-842-4852
by Colleen Enos, CHEC Director of Government Relations
The 8-1 opinion issued today in the conversion therapy case argued in front of the U.S. Supreme Court is a validation of the concerns brought forward against the current bill HB26-1322, Civil Actions for Conversion Therapy Survivors, that was voted out of the House Judiciary Committee last week and is currently slated to be heard on second reading in the Colorado State House.
The Court held that Colorado’s current counseling censorship law banning conversion therapy for minors, given by licensed mental-health counselors through conversation with the client, regulates speech based on viewpoint. Colorado’s law censors therapists’ speech and only permits counselors to have conversations with children that affirm the state’s view of “gender identity” and which serve “gender affirmation.”
Because the law prohibits counselors from expressing certain points of view, including helping a minor change unwanted same-sex attractions or gender-identity feelings, while allowing the affirmation or support of the opposite point of view, it is clearly discriminatory regarding content and point of view.
The First Amendment specifically grants Americans their God-given rights, including licensed mental health providers, to uphold their sincerely held religious beliefs and offer counseling to individuals according to those beliefs. This includes the freedom to practice counseling clients according to their faith.
Colorado has been punishing anyone who disagrees with their state-affirmed opinion. HB26-1322 is another infringement on free speech. Instead of punishing those who disagree with it, our state should take this decision to heart and change course.
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