A Therapist's Opinion on the Colorado Counseling Law

"Recently, the state of Colorado enacted a law prohibiting counselors from having conversations with clients that include anything but affirmation of a client's gender dysphoria and thoughts about transitioning. Any counselor discovered to be inviting or allowing a client to question or alter feelings about their sexuality or gender in talk therapy would be subject to legal penalties. A counselor who challenged the law, Kaley Chiles, was given the opportunity to argue the issue before the United States Supreme Court,"

"I'd like to assume that these were well-meaning legislators who wrote this law, sincerely concerned about preventing perceived harm to clients. But they swerved into grievous error, in my opinion, when they sought to limit the free speech of counselors who might not personally or professionally hold to the state's ideological position on the complicated issue of gender dysphoria. It's a sticky, tricky issue. I am not an attorney, so my perspective on the case is not legal, but ethical."

Colorado enacted a law prohibiting counselors from engaging in any conversation except affirmation of a client's gender dysphoria and transition thoughts, with legal penalties for counselors who invite or allow clients to question or alter feelings about sexuality or gender. A counselor challenged the law as a free speech violation and viewpoint discrimination. Ethical principles implicated include client autonomy, confidentiality, counselor influence, and counselor competence. Counselors must foster client self-determination, obtain informed consent, avoid imposing personal values, maintain competence in gender-related care, document decisions, consult colleagues, and refer when necessary. Laws that restrict therapeutic speech risk chilling ethical clinical practice and harming clients.

Read at Psychology Today