In Counseling Case, the Supreme Court Sides with the First Amendment

The Chiles decision is a blow to Colorado’s censorship campaign.

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The facade of the U.S. Supreme Court building in Washington, D.C., March 14, 2026.

Will Dunham/Reuters

When you can’t win the debate with words, you end the discussion with force.

Colorado officials have modeled this principle for the past 15 years. Don’t like religious views on marriage? Let’s try to drive believers like cake designer Jack Phillips and web designer Lorie Smith out of business. Think it’s backward to affirm men can’t be women? Let’s use criminal penalties to force businesses, including XX-XY Athletics, to say men are women. Deny that women deserve their own private spaces? Let’s force Christian summer camps to put boys into girls’ cabins and showers. Disagree that women can change their minds about terminating their pregnancy? Let’s ban nurses from helping women access abortion-reversal drugs.

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About the Author

Jonathan Scruggs

Jonathan Scruggs is senior counsel and vice president of Litigation Strategy with Alliance Defending Freedom (@ADFLegal).

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