Supreme Court Demolishes Counseling Bans in Historic 8 to 1 First Amendment Victory

Supreme Court Rules Counseling Bans Violate Free Speech in Landmark Chiles v. Salazar Decision

The United States Supreme Court delivered a landmark 8 to 1 ruling on March 31, 2026, siding with Christian counselor Kaley Chiles in the case of Chiles v. Salazar, 607 U.S. ___ (2026). The Court held that Colorado's Minor Conversion Therapy Law, as applied to talk therapy, regulates speech based on viewpoint and must face strict scrutiny under the First Amendment.

Justice Neil Gorsuch, writing for the majority, declared that Colorado's law "does not just ban physical interventions. In cases like this, it censors speech based on viewpoint." The decision affirmed that banning speech in the form of counseling or therapy, even in a professional setting, requires full First Amendment protection.

The First Amendment stands as a shield against any effort to enforce orthodoxy in thought or speech in this country.

Kaley Chiles, a licensed professional counselor in Colorado, challenged the state's law on free speech grounds. She argued that her faith informed counseling was offered only when clients voluntarily sought it out, and that the ban compelled her to provide services affirming views she believed to be harmful and contrary to her sincerely held religious beliefs.

The ruling drew support from both conservative and liberal justices. Justice Kagan wrote a concurring opinion, joined by Justice Sotomayor. Justice Jackson was the sole dissenter. Liberty Counsel and Alliance Defending Freedom provided legal backing for Chiles throughout the case.

The decision carries sweeping national implications. More than 20 states have enacted similar bans on counseling for minors related to sexual orientation and gender identity, and the ruling is expected to render most of those laws unenforceable under the new strict scrutiny standard.

Curtis Schube, executive director of the Council to Modernize Governance and a constitutional attorney, noted that the Supreme Court had first signaled this direction in 2018 with National Institute of Family and Life Advocates v. Becerra, which addressed compelled speech at pregnancy centers.

We can win in both the court of law and the court of public opinion when our cause is just.

First Amendment Victory: Supreme Court Strikes Down Government Speech Bans on Christian Counselors

The case had been argued on October 7, 2025, before the Court issued its opinion more than five months later. The judgment reversed and remanded the lower court's decision, requiring courts to apply the most stringent level of judicial scrutiny when evaluating such laws, a standard that sets a high bar for any state seeking to restrict counselors' speech.

While the decision does not technically strike down Colorado's law outright, legal analysts agree it effectively guts the enforcement mechanism of therapy bans nationwide. States must now demonstrate a compelling interest and prove their laws are narrowly tailored, a test few blanket counseling bans are expected to survive.

The Crusader's Opinion

This is a monumental win for every Christian counselor, pastor, and believer who has been told by the state that their faith has no place in a private conversation. For years, governments across America have tried to criminalize the simple act of offering biblical counsel to someone who asked for it. Let that sink in. A person voluntarily walks into a counselor's office, asks for help grounded in Scripture, and the government says that counselor commits a crime by answering.

Eight justices saw through the charade. You cannot call yourself a free country while telling Christians what they are allowed to say behind closed doors to willing participants. This ruling does not just protect counselors. It protects the very foundation of religious liberty in America. The enemy overplayed his hand, and the Constitution held the line.

Take Action

• Support Liberty Counsel, which provided legal defense in this case, and Alliance Defending Freedom, which helped bring the fight to the Supreme Court.
• Contact your state legislators and urge them to review and repeal any existing counseling ban laws that conflict with this ruling. Find your representatives at usa.gov/elected-officials.
• Share this ruling with your pastor and church leadership. Many churches stopped offering biblical counseling out of fear of legal consequences. Let them know the Supreme Court has spoken.
• Support Christian counselors in your community. If you know a licensed counselor who has been impacted by these bans, encourage them and connect them with legal resources at ADF or Liberty Counsel.
• Donate to www.TheShepherdsShield.org to support the defense of persecuted Christians and religious liberty worldwide.