Supreme Court urged to protect compassionate counseling for transgender kids Becket asks Justices to ensure children can receive counseling that doesn’t push them down the path of harmful gender transitions

WASHINGTON – Becket filed a friend-of-the-court brief at the Supreme Court last week urging the Justices to block Colorado’s ban on compassionate counseling for children experiencing discomfort with their biological sex. In Chiles v. Salazar, licensed counselor Kaley Chiles is asking the Court to protect her ability to talk with children about the underlying causes of their discomfort without being forced to push them towards harmful, irreversible medical interventions. Becket’s brief explains 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.  

Recent years have seen an explosion in the number of children identifying as transgender. Many of these children have been led down a path of “gender transition”—enduring a regime of drugs, hormones, and surgeries—which often results in profound regret and permanent health harms. The harms are so significant that 25 states and several European countries have banned or strictly limited gender transitions for children, advocating instead for compassionate counseling for their distress. Unfortunately, Colorado bans this compassionate approach, forcing therapists like Kaley Chiles to turn away children and families or risk losing her license and suffering crippling fines. Meanwhile, the state allows a wide range of high-risk treatments for youth mental illness—including medical marijuana and electroconvulsive therapy. 

“Colorado allows children suffering from mental illness to use medical marijuana or undergo electroconvulsive therapy. Colorado Medicaid even pays for children with gender dysphoria to have their healthy body parts surgically removed,” said Adèle Keim, senior counsel at Becket. “The one thing Colorado kids with gender dysphoria can’t do is talk through their distress with a counselor in a compassionate, cautious way. That is both nonsensical and harmful to children.” 

Faith-based counselors nationwide, including Becket’s clients in Catholic Charities v. Whitmer, help youth experiencing gender dysphoria by using a cautious approach. They talk with children to address the underlying causes of their discomfort, alleviate their distress, and, if possible, allow 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. Becket’s brief urges the Court to protect counselors who want to help children work through the underlying causes of their distress without rushing into irreversible medical procedures. 

“Colorado’s attempt to silence professional counselors who help children resolve their gender-related distress without drugs or surgery is unconscionable, unscientific, and unlawful,” said Keim. “The Court should put a stop to this law and ensure that vulnerable children and families can receive the compassionate counseling they deserve.” 

Oral argument in the case is expected in the fall. 

For more information or to arrange an interview with a Becket attorney, contact Ryan Colby at [email protected] or 202-349-7219.