Important Case Concerning Religious Expression Proceeds to Argument Phase at SCOTUS

Kaley Chiles is a devoted Christian woman, licensed by the State of Colorado as a counselor. Pet. App.212a-14a.  Her conversations and guidance aid, support, and comfort those with whom she speaks. Pet. App.215a.  As part of her identity as a Christian, and as a matter of religious conscience, Kaley believes that individuals thrive when living in alignment with their biological sex as designed by their Creator. Pet. App. 212a-14a. Kaley merely desires to communicate "in a manner consistent with [her] religious beliefs; [she] does not seek to impose those beliefs on anyone else," including her "voluntary clients who determine the goals that they have for themselves." Pet App. 213a. Kaley's clients believe their faith and relationship with God provide the lens through which to see their identity and desires. Pet. App.214a.  When struggling with matters involving human sexuality and their own body, therefore, they request Kaley's conversation and guidance in counselling. Pet. App.207a, 214a-215a. Desiring "to reduce or eliminate unwanted sexual attractions, change sexual behaviors, or grow in the experience of harmony with one's physical body," Kaley's clients specifically seek counseling from her Christian viewpoint. Pet. App 207a.

In response to such expression, Colorado enacted a Sexual Orientation Gender Identity (SOGI) censorship law, (misbranded as "conversation therapy").  On the one hand, the law's content and viewpoint-based ban prohibits counselors from engaging in any consensual conversation that attempts “to eliminate or reduce sexual or romantic attraction or feelings toward individuals of the same sex." Colo. Rev Stat. § 12-245-202(3.5)(a). On the other hand, the State expressly empowers counsellors to encourage a client's same sex attraction or gender transition (e.g., counseling providing “[a]cceptance, support, and understanding for the facilitation of an individual’s ... identity exploration and development, including ... “[a]ssistance to a person undergoing gender transition.”  Id. § 12-245-202(3.5)(b)(I)-(II)).

Under the Colorado law, if the words Kaley speaks include expressions of biological truth grounded in her Christian identity and religious conscience, she faces draconian fines for each expression and the loss of her license. Id. §12-245-225.  The tragic consequence of such laws is that people previously identifying as transgender, but now aligning with their faith and biological sex, have no constructive access to compassionate counseling support.

Christian legislators from 30 states recently requested WFFC Distinguished Chair William Wagner to be their voice in Kaley's case at the Supreme Court. The legislator's amicus brief is filed for consideration by the Court along with the oral arguments made by the parties. [Read the Wagner Faith & Freedom Center Policy Paper based on the SCOTUS Brief Here]

The legislators from the 30 state legislatures are politically accountable to the people of their respective states.  Sworn to uphold the Constitution, they hold a special commitment to constitutional governance under the Rule of Law.  This understanding includes a deep respect for the constitutional limits on the exercise of government power, including the First Amendment.  In this case the legislators are profoundly concerned by the willingness of State authorities who, by force of law and punishment: 1) censure religious viewpoints and ideas inconsistent with preferred political preferences; and 2) coerce viewpoints and ideas consistent with preferred political preferences.

The legislators, committed to preserving good governance under the Rule of Law, worked with Wagner to file the amicus brief calling on the Supreme Court to protect of the legal rights and freedoms of Christians working in their chosen professions.