Chiles v. Salazar

Kaley Chiles is a licensed counselor who helps people by talking with them. A practicing Christian, Chiles believes that people flourish when they live consistently with God's design, including their biological sex. Many of her clients seek her counsel precisely because they believe that their faith and their relationship with God establishes the foundation upon which to understand their identity and desires. But Colorado bans these consensual conversations based on the viewpoints they express. Its content- and viewpoint-based Counseling Restriction prohibits counseling conversations with minors that might encourage them to change their "sexual orientation or gender identity, including efforts to change behaviors or gender expressions," while allowing conversations that provide "[a]cceptance, support, and understanding for ... identity exploration and development, including ... [a]ssistance to a person undergoing gender transition." Colo. Rev. Stat. § 12- 245-202(3.5). The Tenth Circuit upheld this ban as a regulation of Chiles's conduct, not speech. In doing so, the court deepened a circuit split between the Eleventh and Third Circuits, which do not treat counseling conversations as conduct, and the Ninth Circuit, which does. The question presented is: Whether a law that censors certain conversations between counselors and their clients based on the viewpoints expressed regulates conduct or violates the Free Speech Clause

Kaley Chiles is a licensed professional counselor practicing in Colorado Springs. She holds a master's degree in clinical mental health and provides talk therapy, specializing in clients dealing with addiction, trauma, sexuality, gender dysphoria, and other mental health concerns. Chiles identifies as a Christian and serves clients who often seek religiously informed care that aligns with traditional biblical understandings of sexuality and gender. Prior to the enactment of a 2019 Colorado law banning conversion therapy for minors, Chiles counseled clients, including minors, in accordance with their self-identified goals, which sometimes included diminishing same-sex attractions or aligning gender identity with biological sex. Since the law’s passage, Chiles has refrained from engaging in discussions with minors that she believes could be interpreted as conversion therapy and alleges that this has hampered her ability to provide full counseling services in line with her and her clients’ religious convictions. In September 2022, Chiles brought a pre-enforcement lawsuit under 42 U.S.C. § 1983 against Colorado officials responsible for enforcing the statute. She alleged that the ban on conversion therapy for minors violates her rights under the Free Speech and Free Exercise Clauses of the First Amendment. Seeking a preliminary injunction, she asked the district court to block enforcement of the law against her. The court denied the motion but found she had standing to proceed. On appeal, the U.S. Court of Appeals for the Tenth Circuit affirmed in full, holding that Colorado’s law regulates professional conduct that incidentally involves speech and survived rational basis review.