Colorado’s latest Supreme Court loss adds to growing string of culture war defeats
Colorado’s loss in the Supreme Court’s Kaley Chiles case last week marked the third time in recent years the justices have rebuked the state in a major culture-war dispute, adding to a growing pattern of high-profile reversals in cases over speech, religion and anti-discrimination law.
The high court’s decision was the latest in a trio of lawsuits that backfired for Colorado, after the Colorado Civil Rights Commission lost in court to a cake baker in a key religious liberty case and after a website designer won a similar battle against the state’s civil rights division. Conservative legal experts said the legal setbacks for the state were not a coincidence.
“Colorado seems hell-bent on enforcing its own new orthodoxy of thought, and the Supreme Court has had to come back time and time again to correct them and to remind them that the First Amendment protects freedom of speech, freedom of religion, even when the state may disagree with a person’s opinions,” Carrie Severino, president of the legal watchdog JCN, told Fox News Digital.
The Supreme Court last week found that Colorado’s conversion therapy ban, signed into law in 2019 by Democratic Gov. Jared Polis, violated the First Amendment because it only restricted talk therapy when the therapy aimed to prevent minors from embracing being transgender or gay.
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In response to a question from Fox News Digital about the apparent theme, Alliance Defending Freedom attorney Jim Campbell said the state “has proven itself to be no respecter of the First Amendment.”
“I don’t think at this point that it’s coincidental,” said Campbell, who represented Chiles before the Supreme Court during oral arguments. “The State of Colorado has shown an utter disregard for the First Amendment rights of people like Kaley Chiles.”
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In Chiles v. Salazar, the high court found 8-1 that the state law discriminated based on viewpoint. Justice Neil Gorsuch wrote for the majority opinion that such laws suppressing speech on that basis amounted to an “‘egregious’ assault” on the Constitution.
“The First Amendment stands as a shield against any effort to enforce orthodoxy in thought or speech in this country,” Gorsuch wrote.
The case centered on Chiles, a licensed faith-based counselor in Colorado Springs, who argued that she helped youths reach their own stated goals, which she said could include minors seeking counseling on their sexuality and gender identity.
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Colorado argued it was allowed to regulate Chiles’ therapy because it amounted to professional conduct and the state wanted to protect minors from Chiles’ perceived harmful counseling.
The decision followed a landmark ruling in 2023, when the Supreme Court found 6-3 in 303 Creative LLC v. Elenis that the First Amendment barred Colorado from using the state’s Anti-Discrimination Act to force a website designer to create wedding websites for same-sex couples. The high court said in the ruling that the state could not force a person to create content conveying a message that he or she disagreed with.
That ruling was viewed at the time as a broad free speech win that followed the Supreme Court’s narrower 2018 decision in Masterpiece Cakeshop v. Colorado Civil Rights Commission.
In that case, the justices sided with baker Jack Phillips, finding that the Colorado Civil Rights Commission had shown unconstitutional hostility toward his religious beliefs that the commission did not show toward other bakers.
“The Supreme Court found, at least at the time of Masterpiece Cakeshop, that Colorado’s state agency was acting in a way biased against a certain set of beliefs, and from what we can see that hasn’t changed in the intervening years,” Severino said. “Unfortunately, each time the Supreme Court has corrected them, they’ve only doubled down.”
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Terry Schilling, president of the conservative American Principles, observed the trend in Colorado, saying in a statement provided to Fox News Digital that Democrats there “will stomp on the rights of anyone who stands in the way of the well-heeled gay and transgender lobby whether it is bakers, doctors, or desperate families.”
“It should not take the lengthy legal battles or the Supreme Court to rein in the liberal war against reality,” Schilling said. “That is why fed-up Colorado families are appealing straight to voters to protect children from extremist Democrats,” Schilling added, citing his organization’s efforts to pass conservative ballot initiatives in the state.
Outside the First Amendment cases, Colorado has also been a testing ground for other highly polarizing legal fights that made it to the Supreme Court.
The justices in Trump v. Anderson unanimously reversed the state Supreme Court’s decision to remove President Donald Trump from the 2024 presidential primary ballot over allegations that he had incited an insurrection, finding the state lacked the authority to remove him.
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