Supreme Court lets stand Washington state law barring conversion therapy for minors

The Supreme Court on Monday let stand a Washington state law prohibiting licensed health care professionals from practicing “conversion therapy” – a scientifically discredited practice intended to change a person’s sexual orientation or gender identity – as it applies to minors.

Critics say the practice – which attempts to convert people who identify as lesbian, gay, bisexual, transgender, queer or questioning – into straight or cisgender people, causes serious emotional harm and can have deadly results.

The practice ranges from psychotherapy to medical and faith-based methods that can include talk therapy, hormone or steroid treatment or faith-based consultation.

The vote was 6-3, with Justices Brett Kavanaugh, Samuel Alito and Clarence Thomas publicly saying they would have taken up the case.

Thomas wrote in a five-page dissent that he would have taken up the case to consider a First Amendment challenge to the law.

Under the state law, Thomas wrote, “licensed counselors cannot voice anything other than the state-approved opinion on minors with gender dysphoria without facing punishment.”

“Although the Court declines to take this particular case, I have no doubt that the issue it presents will come before the Court again,” he wrote. When it does, the Court should do what it should have done here: grant certiorari to consider what the First Amendment requires.”

For his part, Alito said in a brief dissent that the court should have taken up the case to address an issue that lower courts have been divided on.

“In recent years, 20 States and the District of Columbia have adopted laws prohibiting or restricting the practice of conversion therapy,” Alito wrote. “It is beyond dispute that these laws restrict speech, and all restrictions on speech merit careful scrutiny.”

Under the law, a licensed therapist can discuss conversion therapy with minors or recommend it be performed by others such as a religious counselor, but a licensed therapist cannot perform it.

The challenge was brought by Brian Tingley, a practicing Christian who is also a licensed marriage and family counselor who helps clients with issues including sexuality and gender equality. He objects to the law arguing that it violates his freedom of speech and infringes upon his religious faith.

Lower courts dismissed the claim, holding that a state can regulate professional conduct even if it incidentally involves speech. The court said the law at issue regulates a therapist’s conduct, not their speech.

This story is breaking and will be updated.

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