The Supreme Court issued one of its most clarifying rulings in years on Tuesday, directly challenging the cancellation efforts of modern progressivism, and the reaction from the progressive Left revealed everything you need to know about who actually believes in freedom and who doesn’t.
In Chiles v. Salazar, the Court ruled 8-1 that Colorado’s ban on so-called “conversion therapy” — specifically, talk therapy that helps minors explore whether their gender dysphoria might resolve in alignment with their biological sex — violates the First Amendment rights of licensed counselor Kaley Chiles. Justice Gorsuch, writing for the majority, put it poetically: laws that “suppress speech based on viewpoint represent an egregious assault” on First Amendment commitments. The ruling wasn’t close. It was a near-unanimous recognition that the government cannot dictate which therapeutic conversations are permissible and which are forbidden based on the ideological conclusion it prefers. Tuesday’s ruling should send a chill down the spine of other states that have taken similar action.
Enter Governor Andy Beshear (D-KY).
Beshear decried the ruling, saying that “conversion therapy is torture,” and invoked his progressive Christian faith to say that “my faith teaches me that all children are children of God and practices that endanger or harm them are wrong.”
Beshear is welcome to espouse his convictions of faith in public life, including as a sitting governor (even if they depart from biblical teaching). He is not welcome to abuse it in the service of a philosophical position that he and other progressives fail to reason through with consistency.
Here is the question he, along with all other leftists, cannot or refuse to answer: If you affirm a minor’s right to pursue medical intervention — puberty blockers, hormones, surgeries — to align their body with their perceived gender identity, on what principled basis do you deny another minor the right to pursue talk therapy exploring whether their dysphoria might resolve without drastic intervention? Both involve a young person, a clinical professional, and a question about identity. The only difference is the direction of the therapeutic goal. And those goals are set against what progressivism thinks sufficiently aligned with its own aims. Beshear supports state-sponsored medical intervention when the conclusion is sufficiently progressive and lines up with what he bills as compassionate; he abandons the language of compassion when it runs contrary to leftist goals for using the government to advance transgender ideology.
The compassionate appeal to “children of God” is theologically sound as far as it goes — every Christian affirms it. But it proves too much and too little simultaneously. It proves too much because it could be deployed to ban any therapy a state deems harmful. It proves too little because it says nothing about which therapeutic goals are legitimate, which is the actual question before us. That’s an anthropological question, one that liberals do not like to answer because modern progressive anthropology lies on flimsy, irrational grounds, unable to determine what a man or woman even is. What Beshear wants is for his theological sentiments to do the intellectual work that his empty platitudes cannot. But a magistrate charged with upholding the common good owes citizens more than sentiment (Rom. 13:1-7). He owes them a coherent account of what a man and woman are, and which identity claims warrant medical affirmation and which warrant further reflection — and why. He has not given one. He cannot give one, because the moment he tries, the internal contradictions of progressive gender ideology become impossible to ignore.
Consider the logical structure on display in the leftist outcries to Tuesday’s decision:
Progressives opposed the Skrmetti decision, the Tennessee law banning puberty blockers and cross-sex hormones for minors, on the grounds that the state should not prevent individuals from pursuing medical interventions aligned with their gender identity. The watchword was choice. Bodily autonomy. Access to care.
Now those same leftists cheer when states ban a licensed counselor from having a conversation with a minor who voluntarily seeks to explore whether their dysphoria might be addressed without medical transition. The watchword is now “protection.” Safety. Science.
The contradiction is absurd. When a teenager wants hormones, progressivism demands the state get out of the way. When a teenager wants to talk to a therapist about living in accordance with biological reality, progressivism demands the state intervene. This is the enforcement of ideological conformity through the selective and weaponized deployment of the language of compassion.
Progressivism is not, at root, about expanding choices. It is about ratifying the correct choices — the ones that affirm the progressive account of identity, selfhood, and liberation. Every other choice, including the choice to embrace one’s given sex, is categorized as harm, trauma, or abuse.
Kaley Chiles was not torturing anyone. She was a Christian counselor who believed — correctly, as it happens — that talk therapy aimed at helping a young person live at peace with biological reality is a legitimate therapeutic goal. Eight justices agreed that Colorado (which now has a long track record of punishing people of faith and losing, thanks to Alliance Defending Freedom) had no business shutting her up.
All children are indeed children of God. That is precisely why they deserve honest counsel and the opportunity to hear the truth about their design.
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Andrew T. Walker is Associate Professor of Christian Ethics and Public Theology at The Southern Baptist Theological Seminary and Managing Editor of WORLD Opinions. He is a Fellow at The Ethics and Public Policy Center.
