Colorado Counseling Law – Key Points

Colorado Law at Issue

  • Bans licensed counselors from any talk-therapy with minors that aims to change sexual orientation or gender identity (SO/GI)
  • Permits only “acceptance, support, understanding,” or assistance with gender transition
  • Treats SO/GI as fixed, easily defined, and universally understood

Core Critiques Raised by Amicus

  • Conceptual problems

    • SO and GI are multidimensional (identity, attraction, behavior) and lack uniform definitions
    • Language around identity is rapidly evolving; rigid legal categories are unworkable

  • Scientific record

    • Research shows substantial fluidity in SO/GI, especially during adolescence and emerging adulthood
    • No definitive genetic or biological determinism (“born that way” narrative unsupported)

  • Therapeutic impact

    • Law effectively mandates “affirmation-only” therapy, blocking open exploration of identity questions
    • Limits clients’ access to individualized, value-consistent care (e.g., faith-based goals, desire for chastity, avoidance of medicalization)

  • Rights and constitutional concerns

    • Violates viewpoint neutrality by privileging State-favored narratives about sex and gender
    • Burdens minors’ autonomy, parental rights, free exercise of religion, and counselors’ free speech

Evidence & Illustrations Cited

  • Longitudinal studies: identity, attraction, and behavior frequently diverge and change over time
  • Detransitioner testimony: rapid affirmation can lead to irreversible medical harm
  • Professional guidelines (e.g., WPATH SOC 8) now include identities such as “eunuch,” highlighting expanding terminologies

Alleged Harms of the Law

  • Narrows the pool of willing therapists and permissible modalities
  • Pushes youth toward medical transition as the only “open” path
  • Prevents discussion of alternative goals (e.g., cultivating opposite-sex attraction for future family formation)

Amicus Personal Attestation (Purpose)

  • Author experienced gender non-conformity and same-sex attraction, later married opposite-sex spouse
  • Credits open, values-based counseling for healthy identity resolution
  • Argues every youth deserves the same freedom to explore

Requested Outcome

  • Urges Supreme Court to strike down the Colorado statute and restore free, client-directed counseling for minors.