Protecting Free Speech and Our Nation’s Children

Washington, DC  - Tuesday December 17, 2024

On December 13, 2024, Dr. Simone Gold and the AFLDS legal team filed an amici curiae brief with the Supreme Court of the United States, in support of the Petitioner in Chiles v. Salazar. The Petitioner (Kaley Chiles) is suing the Respondents over Colorado’s “Counseling Censorship Law” which violates her free speech rights by prohibiting licensed counselors from engaging in any conversation with minor patients that does not steer them in the direction of “gender-affirming care.” By submitting a petition for writ of certiorari to SCOTUS, the Petitioner is asking the High Court to hear her case and reverse the decision of the Tenth Circuit U.S. Court of Appeals which upheld the state’s law - denying her declaratory and injunctive relief.

America’s Frontline Doctors contends that Colorado’s “prohibited speech” law blatantly violates the First Amendment and severely compromises the patient-counselor relationship. The Tenth Circuit reasoned that a counseling session transforms speech into conduct and conduct is not protected by the First Amendment, finding instead that the discussion of all treatment options was “incidental speech.” However, merely labeling protected free speech as “conduct” does not change its character as free speech nor does it turn free speech into unprotected “incidental speech.”

Further, the state’s law exhibits unconstitutional viewpoint discrimination by only allowing speech that affirms a child’s sexual orientation or gender identity while prohibiting alternative treatments. Viewpoint discrimination is when the government prohibits or disfavors one type of speech (a particular viewpoint) while permitting another type of speech (a different viewpoint), and is flagrantly illegal in the United States of America. The Petitioner must be free to engage in protected and confidential speech with her clients that is in the best interests of Colorado’s minor children. The medical harms of “gender-affirming care” (aka medical mutilation) are well documented and growing. Prohibiting discussions of ALL viable treatment options available to patients breaches ethical duties of honesty and transparency owed by counselors to their patients and arguably constitutes professional malpractice. 

AFLDS attorney David Dalia states, “Research has shown that somewhere between 85 - 98% of children who are experiencing confusion about their biological sex will outgrow their confusion within two years. They become normal, young, unmutilated adults. Twenty-one American states, numerous European countries, and most recently the U.K., have all banned puberty blockers, cross-sex hormones and ‘gender reassignment’ surgeries for minor children due to the perceived lack of benefit. Given these undisputed facts, Colorado’s unconstitutional restriction on therapeutic speech with children can be seen as unethical, irrational, cruel, and possibly criminal genital mutilation and child abuse. We sincerely hope that the Supreme Court rejects this misguided transgender ideology.” 

AFLDS Founder and President Dr. Simone Gold added, “By only allowing speech that affirms a radical transgender ideology while rejecting that which affirms reality-based biology, the government is choosing sides. Colorado’s law directs vulnerable children down a tragically predictable path of sterility and lifelong health complications. If trapping 100% of children into ‘gender-affirming care’ was the sole correct path, the Nation would not be hearing from countless detransitioners alleging that they were not informed of the biological facts before ‘consenting’ to medical mutilation.”

Recognizing that this pivotal case has the potential to set a precedent for countless healthcare professionals across the country being forced to comply with a radical gender ideology to the detriment of their patients, AFLDS is calling on SCOTUS to grant the Petitioner's writ of certiorari.

Stay tuned - We will keep you updated on this critical case and our efforts to end the medical mutilation of children. 

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About AFLDS

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Media Contact Lisa Alexander, Communications Director | Media@AFLDS.org