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Chiles v. Salazar | Case No. 24-539 | Argued: 10/7/25 | Decided: 3/31/26 | Docket Link: Here
Question Presented: Whether the First Amendment permits Colorado to ban licensed talk therapists from expressing viewpoints that attempt to change a minor's sexual orientation or gender identity.
Overview: Colorado's conversion therapy ban prohibited licensed counselors from saying anything designed to change a minor's sexual orientation or gender identity while expressly permitting affirming speech — a textbook viewpoint-based restriction on professional speech.
Posture: District court and Tenth Circuit denied preliminary injunction applying rational basis review; Supreme Court granted certiorari to resolve circuit split.
Holding: 8-1 decision reversed the Tenth Circuit and remanded for further proceedings. Justice Gorsuch authored the majority opinion joined by Chief Justice Roberts and Justices Thomas, Alito, Sotomayor, Kagan, Kavanaugh, and Barrett.
Majority Reasoning: (1) Colorado's law regulated the content of Chiles's speech and discriminated based on viewpoint — permitting affirming speech while forbidding speech designed to change a client's sexual orientation or gender identity; (2) licensed professionals retain full First Amendment protection and professional speech does not occupy a lesser-protected constitutional category; (3) Colorado's analogies to licensing, informed-consent, and malpractice traditions failed to establish a historical basis for suppressing professional viewpoints.
Separate Opinions:
Justice Kagan (concurring, joined by Sotomayor): Agreed Colorado's law constituted viewpoint discrimination; reserved for another day whether content-based but viewpoint-neutral laws regulating therapist speech would warrant strict scrutiny, signaling a potential path for states to regulate therapeutic speech without running afoul of the First Amendment.
Justice Jackson (dissenting): Argued Colorado's law incidentally restricted speech as a byproduct of regulating a harmful medical treatment; contended states retain traditional police power to set standards of care for licensed providers even when those standards restrict treatment-related speech, and warned the majority's ruling threatened broad categories of healthcare regulation.
Implications:
Oral Advocates:
The Fine Print:
Primary Cases:
No transcript available for this episode.
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