SCOTUS Follows VA’s Lead in Landmark Free Speech Victory

Today, we celebrate a major victory for free speech and religious liberty following the U.S. Supreme Court’s decision yesterday in Chiles v. Salazar, striking down Colorado’s attempt to censor conversations between counselors and their clients.

In an 8–1 ruling, the Court held that Colorado’s law restricting counselors from having conversations with minors to help them address unwanted same-sex attractions or gender dysphoria raises serious First Amendment concerns, affirming that the government cannot prohibit speech simply because it disagrees with the viewpoint being expressed. This is a decisive win for the First Amendment. The Supreme Court has made clear that the government has no authority to police private conversations between counselors and clients based on ideology.

A Victory That Builds on Success in Virginia

Today’s ruling mirrors a major legal victory secured in Virginia by the Founding Freedoms Law Center, on behalf of counselors John and Janet Raymond last year.

In that case, which was referenced in Ms. Chiles’ brief to the Court, a Virginia court permanently blocked enforcement of the Commonwealth’s counseling censorship law, which was nearly identical to Colorado’s, allowing counselors to engage in voluntary, talk-based therapy without fear of punishment. The court’s order applied statewide, ensuring that every licensed counselor in Virginia could speak freely with clients seeking guidance consistent with their beliefs, including faith-based conversations involving prayer, Scripture, and personal values. 

See: MAJOR Victory: VA’s “Conversion Therapy” Ban Struck Down

“Virginia has already confronted this issue—and won,” Josh Hetzler, FFLC’s Chief Counsel, said. “Our case demonstrated that these laws are not about regulating conduct, but about silencing certain viewpoints. Today, the Supreme Court confirmed that the Constitution does not permit that.”

Photo: FFLC President Victoria Cobb and Legal Counsel Josh Hetzler, with John and Janet Raymond, announcing the court’s order permanently enjoining Virginia’s “conversion therapy” law as it pertains to talk therapy.

Protecting the Right to Speak—and to Seek Truth

At the heart of both cases is a foundational principle: the government cannot dictate what is said in private, voluntary conversations—especially when those conversations involve deeply personal matters of identity, faith, and conscience.

The Supreme Court’s decision underscores that speech remains protected even when it occurs within a licensed profession and even when the government disagrees with the message.

This ruling is about more than counseling. It’s about whether Americans are free to speak truthfully, seek help consistent with their beliefs, and live out their faith without government interference. With this ruling, that freedom was reaffirmed.

Looking Ahead

The Family Foundation and the Founding Freedoms Law Center will continue advancing efforts to protect free speech, religious liberty, and parental rights across the Commonwealth and the nation.

This is a defining moment for constitutional freedom. But it is also a reminder: these rights must be continually defended. We remain committed to standing in that gap.