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Breakpoint

In (Another) Ruling Against Colorado, Supreme Court Protects Speech

Breakpoint

Colson Center

News, Religion & Spirituality, News Commentary, Christianity

4.82.8K Ratings

🗓️ 1 April 2026

⏱️ 5 minutes

🧾️ Download transcript

Summary

An early version of this commentary wrongly referred to Lori Phillips as the owner of 303 Creative, rather than Lori Smith. We apologize for this misstatement.

The First Amendment doesn't allow enabling speech on one ideological viewpoint while restricting speech on another. 

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Partner with thousands of others in supporting The Colson Center by visiting colsoncenter.org/cornerstone.

Transcript

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0:00.0

Welcome to Breakpoint, a daily look, and an ever-changing culture through the lens of unchanging truth.

0:05.4

For the Colson Center, I'm John Stone Street.

0:09.3

Well, Colorado has extended its losing streak at the Supreme Court.

0:12.7

Yesterday, the court ruled in Childs v. Salazar, a case that challenged a law that prohibited licensed counselors from helping clients, especially children, reconcile their identity

0:22.8

with their sex through talk therapy. The eight-to-one decision included all of the court's

0:28.1

conservative justices and two of its liberal justices. Because the Colorado law would restrict

0:33.6

speech based on viewpoint the court held, it violated the First Amendment. The plaintiff in the

0:39.1

case is Kaylee Childs, a Colorado-based counselor who provides talk therapy to her patients. As the court

0:45.3

explained, talk therapy is speech. It does not involve physical treatments or medical prescriptions.

0:51.2

It consists only of the spoken word. And in counseling her patients,

0:55.8

including children, Childs often discusses issues of sexual orientation and gender identity.

1:01.8

Under the Colorado law, Childs could express acceptance and support of a child's so-called

1:07.4

identity exploration. She could even assist a child to, quote-unquote, transition

1:12.5

his or her agenda. However, she was forbidden from saying anything to change sexual orientation

1:17.9

or from helping a child feel comfortable with his or her god-given sex. And that, the court

1:24.3

recognized, is flat-out viewpoint discrimination. Justice Gorsuch, who wrote the majority opinion for the court, called Colorado's law an egregious and blatant violation of the First Amendment.

1:35.3

Even Justice Kagan agreed with that.

1:38.3

And a short concurring opinion joined by Justice Sotomayor, the liberal justice called this a textbook case of viewpoint discrimination.

1:46.7

The law, she said, and I quote, distinguishes between two opposed sets of ideas,

1:52.3

the one resisting, the other reflecting the state's own view of how to speak with minors about

1:58.3

sexual orientation and gender identity. On such an ideologically charged issue, the First Amendment does not allow Colorado to enable speech on one side, but restrict it on the other.

2:10.6

And their futile attempt to defend their law, Colorado argued that it was a regulation of professional speech,

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