Oral Argument Preview | Chiles v. Salazar | Battle Over Conversion Therapy and Therapist Free Speech Rights
Oral Argument Preview | Chiles v. Salazar | Battle Over Conversion Therapy and Therapist Free Speech Rights  
Podcast: SCOTUS Oral Arguments and Opinions
Published On: Fri Sep 19 2025
Description: Chiles v. Salazar | Case No. 24-539 | Oral Argument Date: 10/7/25 | Docket Link: HereQuestion Presented: 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.Other Referenced Episodes:August 19 – Road Work Ahead: How Four 2024 Cases May Be Reshaping First Amendment Scrutiny | HereOverviewThis episode examines one of the most anticipated cases of the October 2025 Supreme Court term - a First Amendment challenge to Colorado's "conversion therapy" ban that has generated over 50 amicus briefs and sits at the intersection of free speech, parental rights, LGBTQ issues, and professional regulation.RoadmapOpening: A Constitutional Perfect StormOctober 7th, 2025 oral argument dateOver 50 amicus briefs filed (compared to 7 for most cases)Intersection of hot-button topics: parental rights, LGBTQ issues, religious freedom, professional regulationBackground: The Players and the LawKaley Chiles: Licensed counselor in Colorado Springs at Deeper Stories CounselingChristian counselor using "client-directed" approach with speech-only methodsColorado's 2019 law banning "conversion therapy" for minorsPenalties: fines up to $5,000, license suspension or revocationConstitutional Framework: The First Amendment Text"Congress shall make no law... abridging the freedom of speech"Extension to state governments through Fourteenth AmendmentThe simplicity of "no law" languageProcedural History: The Court Journey2022: Chiles filed pre-enforcement challengeDistrict court denied preliminary injunction using rational basis reviewTenth Circuit affirmed in divided panel decisionJudge Hartz's "scathing dissent" calling majority approach "remarkable" and "contrary" to precedentThe Central Constitutional QuestionSpeech versus conduct: When does professional speech become conduct that can be regulated?Level of scrutiny determines case outcomeThree-tiered analysis: rational basis, intermediate scrutiny, strict scrutinyUnderstanding Scrutiny Levels: The Road AnalogyRational basis: Highway with minimal obstaclesIntermediate scrutiny: Busy road with stop signs and traffic lightsStrict scrutiny: Road closure - "fatal in fact" for governmentCompeting Legal FrameworksChiles's Arguments (Strict Scrutiny)Content-based discrimination: "You can help with binge eating, but not sexual orientation behaviors"Viewpoint-based discrimination: "Support gender transition but forbid comfort with biological body"Speech-only counseling deserves full First Amendment protectionColorado's Arguments (Rational Basis)Professional healthcare treatment regulation, not speech restrictionTraditional state authority over professional standards"Professional healthcare treatment that happens to involve words"Key Supreme Court Precedents BattleNational Institute of Family & Life Advocates v. Becerra (NIFLA) (2018)Chiles...