Under the First Amendment, American citizens have an ironclad right to hold and express all kinds of views on controversial matters. That guarantee is the bedrock of what makes our democracy work. Nobody has perfect knowledge of the truth and free and open debate is the best (and only) way we know to maintain a free society and to expand knowledge.
The State of Colorado does not agree. It thinks that it knows the ultimate truth on certain topics related to gender identity, the relationship between a person’s subjective internal feelings and objective biological sex, and similar topics. Colorado is so sure that it has the right ideas on these topics that it banned some of its citizens from even discussing alternative views. It disguised its censorship by labeling its law as a mere regulation of a scary-sounding, but long discredited and abandoned practice of “conversion therapy.”
At the center of this case is Kaley Chiles, a licensed professional counselor in Colorado Springs who uses talk therapy to help clients navigate deeply personal challenges. In 2019, Colorado enacted a law prohibiting certain therapist-client conversations with minors regarding gender identity—effectively barring counselors like Chiles from exploring alternatives to gender transition, even when those discussions reflect a client’s own questions or goals. Facing steep fines or the loss of her license, Chiles was forced to censor her own speech in the counseling room. Recognizing the profound First Amendment implications, Mountain States Legal Foundation filed an amicus brief in June 2025 supporting Chiles, arguing that the Constitution does not permit the government to silence professionals simply because it disfavors their viewpoint.
In Chiles v. Salazar, the Supreme Court today saw through Colorado’s ruse. As the Court held, “The First Amendment is no word game.” American’s have the right to disagree with states like Colorado about anything they please. This includes disagreeing about the best way to help a person deal with a subjective mismatch between objective sex and internal feelings of identity. Americans do not give up those rights when they choose to enter certain professions, and they certainly don’t lose their rights just because a State uses labels to try to hide its censorship of disfavored points of view.
Mountain States applauds the Supreme Court’s ruling as a major victory for free speech.
