Across America, an alarming trend is unfolding: state governments are criminalizing conversations between therapists and children.
In Colorado, House Bill 25-1312 makes it illegal for licensed professionals to provide “talk therapy” to help minors explore or reconcile their feelings about gender unless the therapist immediately affirms a self-declared identity. The constitutionality of this law was argued this week in front of the Supreme Court in Chiles v. Salazar, a case poised to decide whether counseling services for minors battling gender confusion are protected by the First Amendment.
Supporters claim this protects vulnerable youth. In reality, it silences them — and their therapists.
Colorado argues that, because counseling occurs within a licensed profession, it can control the content of the discussion. But the Supreme Court rejected that logic in NIFLA v. Becerra, affirming that the government cannot sidestep the First Amendment by labeling speech as “professional conduct.”
Free speech does not end at the therapy room door.
As someone who has spent decades working with traumatized children — including those in foster care and victims of violence — I know that healing begins with open dialogue, not censorship. The ability to talk freely about one’s experiences, fears, and confusion is the cornerstone of mental health treatment. When the government dictates what can and cannot be said, it is not protecting children — it is silencing them at the moment they most need to be heard.
The American Psychological Association (APA) and allied organizations claim a “scientific consensus” supports these bans. Yet the APA’s own review concedes there are no scientifically rigorous studies proving that talk therapy for minors is harmful or ineffective. Despite this absence of evidence, the APA labels such therapy dangerous and demands conformity nationwide. That is ideology, not science.
Developmental science tells a very different story. Children and adolescents are still growing — not just physically but neurologically. The prefrontal cortex, responsible for impulse control, judgment, and long-term decision-making, continues developing into the mid-twenties. This means young people lack the biological maturity to grasp the lifelong consequences of irreversible medical interventions.
Yet many states are fast-tracking children toward puberty blockers, cross-sex hormones, and surgeries — procedures that can result in sterilization, chronic health problems, and deep psychological pain. Meanwhile, these same children are told they cannot even discuss their feelings with a licensed therapist who might help them slow down, ask questions, and address underlying issues such as trauma, anxiety, or family instability.
In every other area of mental health, patience, exploration, and informed consent are considered best practices. But when it comes to gender, ideology has replaced inquiry. The same professional groups that insist minors cannot consent to therapy now insist they can consent to sterilizing medical interventions. This contradiction exposes the political nature of the movement driving these bans — it is not grounded in scientific rigor or clinical ethics.
The First Amendment exists precisely to protect speech that challenges prevailing orthodoxy. It protects journalists, teachers, pastors, and, yes, therapists. The right to speak and seek understanding through conversation is fundamental to both liberty and healing.
When states like Colorado criminalize talk therapy, they don’t just violate constitutional rights — they betray vulnerable children. Young people facing profound questions about identity deserve compassion, time, and the freedom to explore all aspects of their experience without government interference.
The Supreme Court should once again affirm what our Constitution already makes clear: speech is speech. Children deserve care rooted in truth and freedom, not ideology and coercion. When we silence therapists, we silence hope.
Dr. Jennifer Bauwens serves as Director of the Center for American Values at the America First Policy Institute.
The views expressed in this piece are those of the author and do not necessarily represent those of The Daily Wire.
