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Supreme Court Weighs Fate of Faith-Based Counseling in Blockbuster Case

Sarah Holliday : Oct 9, 2025  The Washington Stand

With profound implications for counselors, clergy, and families nationwide, the stakes are high.

[WashingtonStand.com] On Tuesday, the US Supreme Court heard oral arguments in a pivotal case examining whether Colorado's 2020 ban on so-called "conversion therapy" infringes on First Amendment rights. (Image: iStock-Phynart Studio)

The practice—designed to provide minors grappling with same-sex attraction or gender dysphoria access to guidance and counseling— was outlawed under Colorado's Prohibit Conversion Therapy for a Minor law. This legislation declares that any effort to "change an individual's sexual orientation, including efforts to change behaviors or gender expressions, or to eliminate or reduce sexual or romantic attraction or feelings toward individuals of the same sex" is inherently harmful and ineffective. Violators, including licensed therapists, risk losing their professional credentials and facing penalties of up to $5,000 in fines.

With profound implications for counselors, clergy, and families nationwide, the stakes are high. Here's a closer look at the key dimensions of this landmark clash.

The Case in Court

Central to this constitutional showdown is Chiles v. Salazar, a 2022 lawsuit filed by Kaley Chiles, a licensed Colorado therapist and faith-based counselor. Chiles argued that the ban unconstitutionally suppresses her First Amendment rights by outlawing talk therapy sessions that delve into clients' unwanted same-sex attractions or gender dysphoria through methods like counseling, prayer, or behavioral strategies.

As Family Research Council emphasized, "Colorado has labeled her counsel ‘conversion therapy,' denied religious exemptions, and is now trying to silence her. If they succeed, it sets a precedent that threatens every pastor, counselor, youth leader, and Christian parent in America." Yet, FRC also pointed out the potential upside of a favorable ruling: "A ruling for Kaley Chiles would be a major step toward protecting free speech, defending religious freedom, and giving hurting people the opportunity to find freedom in Christ."

The legal journey has been turbulent. A federal district court initially enjoined the ban on First Amendment grounds, viewing it as an overreach into protected speech. But the 10th Circuit Court of Appeals reversed course, classifying the prohibited practices as "professional conduct" subject to state regulation rather than free speech.

Now, the Supreme Court's nine justices will weigh in. In anticipation, FRC issued an urgent call to action: "Join us in praying for truth and discernment while the Supreme Court hears oral arguments and deliberates on the case."

The Reality on the Ground

Beyond the courtroom, the case underscores a chilling atmosphere for open dialogue on sensitive topics. Supporters of Chiles had organized a rally outside the Supreme Court to amplify their message of free speech and faith. But in a stark illustration of escalating tensions, the event was canceled over credible safety threats.

The Alliance Defending Freedom (ADF), which is spearheading Chiles' defense, had to make the difficult call. "We were told by our security team that it's not safe, given the current political climate, for us to even be outside speaking about this issue," ADF Senior Counsel Kate Anderson shared with The Daily Caller. "Instead of having free debate in our country, we're seeing people resorting to violence and to threats. And that's particularly sad [and] disturbing when we're talking about a case that's all about free speech and allowing people to debate the things that are most difficult and most controversial in our country, so that we can come to good solutions that will help and save kids."

ADF CEO Kristen Waggoner echoed these concerns, framing the cancellation as a symptom of broader societal fractures. "Sadly, the usual supporting rally outside the Supreme Court will not take place. Experienced security professionals warned that the threats of violence at an outdoor event were too great." She continued, "Our allies sponsoring the rally couldn't simply ignore those threats. We've all witnessed the wave of violent attacks in recent weeks— many of which are politically motivated, with apparent ties to radical gender ideology. And that ideology is at the center of this case."

Waggoner drew a sharp line between legitimate protest and intimidation: "It's no coincidence that some who blur the line between speech and violence also feel justified using violence to stop speech." She vowed resilience, adding, "And make no mistake: we won't allow violent activists to have a permanent veto over public rallies either." Waggoner asserted that it's "imperative that Americans—both our policymakers and our people—redraw a bright line between the two. Violence is violence. Speech is speech. And speech should be free."

Charting the Path Forward

Escalating threats may thwart outdoor assemblies, but they don't appear to be dampening the resolve of faith communities turning to prayer amid the uncertainty.

The evening before arguments, the Judicial Action Group Foundation organized a gathering of Christians in Washington, DC, to intercede for the 2025-2026 Supreme Court term—including Chiles v. Salazar. Faith leaders, among them Family Research Council's National Prayer Director Jay Johnston, prayed for wisdom and clarity for the justices navigating these weighty matters.

In addition to this, ADF Senior Counsel and Vice President of Litigation Strategy Jonathan Scruggs emphasized that progress requires dialogue. During an interview on Tuesday's "Washington Watch" with host and FRC President Tony Perkins, Scruggs framed the stakes plainly. "This is totally [about] conversations. ... [K]ids and families who are struggling with this issue ... where do they go? What help do they need? They want to engage in conversation."

Perkins chimed in, reflecting on the multifaceted origins of gender struggles. "Sometimes," he observed, "it goes back to trauma that they might have experienced. But it's tracing back to the roots." He lamented the current landscape, adding, "Right now in Colorado ... the only option you have is surgery or drugs." Scruggs concurred, warning, "They're pushing [these young kids] to the surgery and drugs, and that harms them. Why are we banning counselors from helping kids with helpful conversations, non-invasive counseling?"

As Perkins stated, "That's the world in which we live. And this is consistent ... with what we see ... in the cancel culture that we've been experiencing for the last decade, is that their positions are so indefensible that they don't want to have conversations about it. They just want to lock people into harmful, really destructive decisions." Scruggs pinpointed that this is "the problem with gender ideology, right? It denies the truth. When you deny the truth, who gets hurt? Kids and women. And that's what's happening in states like Colorado."

Reflecting on the day's arguments, Perkins asked for insights from the courtroom. Scruggs expressed measured optimism. "I'm pretty hopeful," he said, noting "just from the conversations that we're having at the court today, that ... almost every justice seemed pretty skeptical. So, I'm hopeful that we get a strong victory." Subscribe for free to Breaking Christian News here

Sarah Holliday is a reporter at The Washington Stand.







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