Supreme Court Turns Away Challenge to Law Banning Conversion Therapy
The Supreme Court said on Monday that it would not hear a First Amendment challenge to a Washington State law banning professional counseling services intended to change a minor’s gender identity or sexual orientation.
Justices Clarence Thomas, Samuel A. Alito Jr. and Brett M. Kavanaugh dissented. The challenged law forbids licensed therapists there from performing conversion therapy, which it defines to include “efforts to change behaviors or gender expressions, or to eliminate or reduce sexual or romantic attractions or feelings toward individuals of the same sex.” The law permits counseling that promotes “acceptance, support and understanding.” Many states have similar laws, which are supported by leading medical groups.
Brian Tingley, a licensed family counselor, challenged the constitutionality of the Washington State law in federal court, saying it violated his rights to free speech and the free exercise of religion.
In dissent on Monday, Justice Thomas wrote that the question posed by Mr. Tingley’s appeal was substantial and deserved the Supreme Court’s attention. “This petition asks us to consider whether Washington can censor counselors who help minors accept their biological sex,” Justice Thomas wrote. “Because this question has divided the courts of appeals and strikes at the heart of the First Amendment, I would grant review.” In a separate dissent, Justice Alito agreed that the case warranted review. “This case presents a question of national importance,” he wrote. “In recent years, 20 states and the District of Columbia have adopted laws prohibiting or restricting the practice of conversion therapy.
