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Gender dysphoria patients need open clinical inquiry, not legal mandates.
Last month, the Supreme Court struck down Colorado’s ban on so-called “conversion therapy” for patients with gender confusion.
The 8-1 decision on Chiles v. Salazar is not just consequential for constitutional law but for the future of gender medicine. In striking down Colorado’s law, the Court ruling put a stop to a dangerous regime of viewpoint-based censorship in medicine. The decision raises serious constitutional questions for similar laws on the books in 22 other states.
The suit was brought by a licensed mental health counselor, Kaley Chiles, who was prevented from talking with clients in ways that could help them reconcile their mind and body. Instead, the state insisted she unambiguously affirm and facilitate “gender transitions.”
Lower courts accepted the argument that these laws merely regulate professional conduct, subject only to minimal constitutional scrutiny. The Supreme Court rejected that logic. When the state restricts what a therapist can say based on the viewpoint expressed, it triggers the highest level of First Amendment protection.
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Joseph Figliolia is a policy analyst at the Manhattan Institute.