The News: WILL filed an amicus brief with the Supreme Court of the United States (SCOTUS) in Chiles v. Salazar, a case challenging a Colorado law that censors counselors’ speech related to sexual orientation and gender identity. WILL’s brief supports the Petitioner’s argument that Colorado’s law violates the First Amendment of the U.S. Constitution.
WILL represents two counselors who are subject to similar restrictions, Joy Buchman from Wisconsin and Brian Tingley from Washington, and two families whose daughters previously struggled with their gender, Tammy Fournier from Wisconsin and Dan and Jennifer Mead from Michigan.
The Quotes: WILL Deputy Counsel, Luke Berg, stated, “These laws prevent young people who struggle with their gender—like the Fourniers’ and Meads’ daughters—from getting the help they desperately need. Counselors can promote a social or medical transition to an alternate identity but cannot help young people find comfort with their bodies. This is overt viewpoint discrimination.”
WILL’s Argument: WILL’s brief makes two main points. First, laws like Colorado’s discriminate based on viewpoint by picking one side in an ongoing debate about how best to help young people who are struggling with their gender. The law permits counseling from the perspective that children should alter their body to match their present feelings or desires but prohibits counseling from the view that children can and should find comfort with their body, if possible.
The law is also vague, given that “gender identity” has no clear definition. Humans have a complex mix of emotions, desires, beliefs, and perceptions, and there is often internal conflict among these, yet it is unclear which defines “gender identity.” And many young people can and do change their views about their own identity, making it impossible to know, in advance, whether counseling to reduce feelings of being in the wrong body “changes” a person’s “gender identity.” These ambiguities exacerbate the First Amendment problem, allowing government bureaucrats to punish and silence disfavored viewpoints.
Read More:
- Amicus Brief, June 2025
Luke Berg
Deputy Counsel