The U.S. Court of Appeals for the Ninth Circuit Tuesday upheld Washington State’s ban on conversion therapy for minors.“In relying on the body of evidence before it as well as the medical recommendations of expert organizations, the Washington Legislature rationally acted by amending its regulatory scheme for licensed health care providers to add ‘[p]erforming conversion therapy on a patient under age eighteen’ to the list of unprofessional conduct for the health professions,” Judge Ronald M.
Gould wrote. A three-judge panel of the court heard the case, Tingley v. Ferguson, and agreed unanimously that the law is constitutional and can be enforced.Washington passed the law in 2018.
Brian Tingley, a licensed therapist who believes in conversion therapy, filed suit against the state in 2021, claiming the law violated his rights to free speech and religious liberty under the U.S.
Constitution. Therapists who practice “under the auspices of a religious denomination, church, or religious organization” are exempt from state regulation.