Opinion
By Judge John Marshall Meisburg, Jr., 11-5-25
A very important issue relating to freedom of speech and freedom of religion is now before the U.S. Supreme Court. In Chiles v. Salazar, the legal issue is whether Christian counselors should have the right to counsel their clients that homosexuality is a sin, and to assist them in overcoming same-sex attraction and gender confusion and converting them to heterosexuality through faith-based counseling. It’s called “conversion therapy.” Colorado and 23 other states have passed laws that prohibit “conversion therapy.” The 2019 Colorado law provides for a $5,000 fine per violation for a counselor who engages in “conversion therapy” and may revoke their license to counsel.
The oral argument in this case was heard on October 27, 2025, and I predict a unanimous Supreme Court decision in favor of the Evangelical Christian counselor. In the Supreme Court, the Plaintiff’s attorney argued that the Colorado law against “conversion therapy” amounted to “viewpoint discrimination” which violated the First Amendment. It was argued that this type of counseling was consensual speech, protected by the First Amendment. It was also asserted that these laws attempt to censor private conversations between licensed professionals, counselors, doctors and their clients.
In America, it is elementary that Christian counselors and pastors have the freedom of religion and freedom of speech to counsel their clients according to Biblical principles. Freedom of religion and freedom of speech under the First Amendment to the U.S. Constitution are our most fundamental and cherished freedoms. Never in the history of America has a state had the audacity to dispute that basic freedom, until now.
The 24 states which have passed these laws are liberal, Democrat controlled states that strongly support the LGBTQ homosexual agenda. They have been emboldened by the tragic Supreme Court decisions that legalized homosexuality and same sex marriage. However, even those decisions did not abrogate the right of Christian pastors and Christian counselors to advocate for the Biblical and Christian view on those issues.
At the oral argument on October 27, 2025, the Supreme Court Justices appeared to be very skeptical of these anti-conversion therapy laws. Even the liberal
Justices were skeptical. Justice Alito said that the Colorado law “looks like blatant viewpoint discrimination.”
The laws in question are based on some dubious studies that say that conversion therapy does not work and can even be harmful. But those studies are not credible and are clearly biased. And even if those studies were true, they should not be used to prevent Christians pastors and counselors from espousing the Biblical view and standard on these issues.
Gender confusion and gender dysphoria are important issues facing America, and have led to tremendous anxiety and depression in millions of young people. Many recent acts of political violence have been done by so-called “transgender” persons. So it is very important to have Christian counseling for these young people. President Trump has also taken action to ban Medicaid funding for transgender care, and ban federal funding for hospitals that allow gender change surgery.
The 24 state laws in question totally violate freedom of speech and freedom of religion, and attempt to create a state religious mandate that violates the Word of God. When a law violates the Word of God, it must be struck down. Like Shadreck, Meshach and Abednego we will not bow down to a pagan god. Like Daniel we will not obey a law that is ungodly.
I predict a unanimous Supreme Court decision invalidating state laws that ban so-called “conversion therapy” and will redefine state regulations on faith-based counseling. This will be a great victory for freedom of speech and freedom of religion in America!
Judge John Marshall Meisburg, Jr. is a retired judge and practicing attorney in Nassau County
The views expressed in this commentary are those of the author and do not necessarily reflect the official position of Citizens Journal Florid
