Supreme Court protects compassionate counseling for kids struggling with their biological sex Justices block Colorado law that pushed children towards harmful gender transitions

WASHINGTON – The Supreme Court ruled 8-1 today that states cannot ban compassionate counseling for children struggling with their biological sex. In Chiles v. Salazar, the Court protected licensed counselor Kaley Chiles from a Colorado law that made it illegal for her to talk with children about the underlying causes of their gender-related distress—and instead pushed them towards harmful, irreversible medical interventions. Becket filed a friend-of-the-court brief in favor of Chiles, explaining that Colorado’s law disproportionately harms religious youth who want to receive compassionate, cautious, scientifically backed talk therapy that helps them accept their God-given bodies.  

The Court today agreed with Becket’s approach, with Justice Gorsuch writing for the majority that “the First Amendment stands as a shield against any effort to enforce orthodoxy in thought or speech in this country. It reflects instead a judgment that every American possesses an inalienable right to think and speak freely, and a faith in the free marketplace of ideas as the best means for discovering truth.”This ruling follows Becket’s landmark victory in Catholic Charities v. Whitmer, in which the U.S. Court of Appeals for the Sixth Circuit became the first federal appeals court to block a statewide counseling ban of this kind. 

“Kids who want help accepting their bodies should be able to get it,” said Adèle Keim, senior counsel at Becket. “We’re glad the Court protected the right of counselors to help them.” 

Faith-based counselors nationwide, including Becket client Emily McJones, help youth experiencing gender-related distress by using a cautious approach. They talk with children to address the underlying causes of their discomfort, alleviate their distress, and, if possible, help them to accept their bodies without resorting to irreversible, life-altering medical intervention. This approach is supported by the best available scientific evidence and reflected in recently enacted laws in dozens of states and several European countries. Today, the Supreme Court ensured that counselors can continue offering this cautious approach.

“Colorado lets kids smoke medical marijuana and pays for mastectomies for teens who want them” said Keim. “Now kids in Colorado who just want to keep the bodies they have can finally get the help they need.” 

Read more about the cases Becket is watching at the Court this term here.