What is the impact of counseling restrictions on faith-based guidance in ministries?

U.S. Supreme Court

Case #3: National Implications

Chiles v. Salazar

This case centers on a Christian counselor’s challenge to a Colorado law that prohibits any counseling aimed at changing a minor’s sexual orientation or gender identity, even when the minor or their parents request it. The counselor argues that the law infringes on her free speech and religious liberty, claiming it prevents her from offering counseling consistent with her faith and the wishes of her clients. The Tenth Circuit upheld Colorado’s ban on conversion therapy for minors, ruling that the law regulates professional conduct rather than speech and is rationally related to the state’s interest in protecting minors from harmful, ineffective treatments. The counselor has appealed to the United States Supreme Court.

Ministry Impact

A ruling in favor of the counselor could reaffirm the right of ministries to provide faith-based guidance consistent with their beliefs, restoring confidence in their ability to minister without fear of government overreach.

Conversely, if the Court upholds Colorado’s ban, organizations that offer counseling services could face significant limitations, especially when addressing sensitive topics like gender identity and sexuality. This might necessitate a reevaluation of counseling practices and policies, as well as increased legal scrutiny.

What Your Ministry Can Do

1. Implement Informed Consent

For all counseling services, particularly those related to gender identity and sexual orientation, ensure that your ministry has clear informed consent forms that outline the nature of counseling, your faith-based approach, and the scope of treatment. This documentation can protect your ministry from legal liability while maintaining transparency with clients.

2. Training for Counselors

Train your counselors on the legal and ethical boundaries of faith-based counseling. Counselors should understand both state-specific laws and the ministry’s religious position on sensitive topics like gender identity and sexual orientation.

3. Review Client Requests

Carefully review client requests for counseling, especially in states with restrictive laws, to ensure that your ministry is not inadvertently violating these laws. Implement a clear policy to manage how counseling is provided, particularly when minors or individuals seeking gender-related counseling are involved.

Brotherhood Mutual is pleased to provide Legal Assist as a complimentary resource. Services through Legal Assist aim to provide general risk management guidance to our current and prospective policyholders.

While the information provided in this resource is intended to be helpful, it does not constitute legal advice and should not be used as a substitute for advice from a licensed attorney in your area. Please note that no attorney/client relationship is established through this process, and no legal advice will be provided. We strongly recommend regular consultations with a licensed local attorney as part of your risk management program.