In a pivotal decision, the U.S. Supreme Court has chosen not to entertain a challenge to Washington state’s prohibition of “conversion therapy” for minors, a therapy aimed at altering sexual orientation or gender identity. The case, initiated by Brian Tingley, a Christian therapist who argued that the 2018 law infringed upon his freedom of speech, was dismissed by the justices.
Tingley, a licensed marriage and family therapist in Tacoma, Washington, asserted that the state was unlawfully restricting his communication with clients, contending a violation of the First Amendment. However, the Supreme Court rejected his appeal, supporting the state’s position that it is regulating professional conduct, not suppressing free speech.
Conservative Justices Clarence Thomas, Samuel Alito, and Brett Kavanaugh dissented from the decision, framing it as a clash between LGBT protections and religious rights. This follows a previous ruling by the court’s conservative majority, affirming businesses’ right to refuse services for same-sex weddings, a decision criticized by liberal justices as a “license to discriminate.”
Washington’s law, backed by Democrats, prohibits licensed healthcare professionals from conducting therapies on minors intending to alter sexual orientation or gender identity. Violations can result in sanctions, including fines, censure, or revocation of professional licenses.
Tingley argued that the law unfairly targets professionals based on their religious beliefs, claiming it grants the state unchecked power to censor. However, the law still allows licensed therapists to discuss or endorse conversion therapy, perform it on adults, or recommend it through religious counselors not bound by the legislation.
In a written opinion focusing on gender identity, Justice Clarence Thomas expressed the belief that the court should have taken up the case. He criticized Washington’s law for silencing one side of a “fierce public debate” and labeled it as “viewpoint-based and content-based discrimination.”
Conversion therapy encompasses various methods, from psychotherapy to inducing nausea to discourage same-sex attraction. Washington argued that such practices are discredited and put minors at an elevated risk of suicide and depression. Tingley countered that there is no evidence licensed therapists have employed abusive techniques on children.
Represented by the Alliance Defending Freedom, a conservative legal group, Tingley sued the state in 2021. The lawsuit was dismissed by U.S. District Judge Robert Bryan, a decision upheld by the 9th U.S. Circuit Court of Appeals in 2022, stating that the law was “rationally related” to the state’s interest in safeguarding the well-being of minors.
