In a recent decision, the U.S. Supreme Court declined to hear a challenge to Washington state’s law that bans “conversion therapy” on children, a practice aimed at changing sexual orientation or gender identity. The case was brought by Brian Tingley, a Christian therapist who claimed that the 2018 measure infringed upon his freedom of speech rights. The justices rejected Tingley’s appeal, asserting that the state’s intention was to regulate professional conduct, not restrict free speech, thus upholding the ban.
Divisions at the Supreme Court
The Supreme Court’s decision presented yet another contentious clash between LGBT protections and the rights of religious individuals. Justices Clarence Thomas, Samuel Alito, and Brett Kavanaugh dissented from the ruling, arguing in favor of hearing the case. This outcome comes on the heels of the court’s previous 6-3 conservative majority ruling, which granted certain businesses the right to refuse services for same-sex weddings, a decision that liberals criticized as a “license to discriminate.”
The Plaintiff and the Law
Brian Tingley, a licensed marriage and family therapist in Tacoma, Washington, has been vocal in his belief that sexual relationships outside of a heterosexual marriage go against “God’s design.” He contended that the law unfairly silenced one side of a “fierce public debate” by prohibiting counselors from assisting clients in accepting their biological sex.
The Controversial Practice
“Conversion therapy” can encompass a range of practices, from psychotherapy to inducing nausea to discourage same-sex attraction. Washington state has argued that such therapy is discredited, ineffective, and endangers minors, increasing their risk of suicide and depression. Tingley, however, maintains that licensed therapists have never used abusive practices on children and that the law unjustly targets individuals based on their religious beliefs.
A Battle of Rights
The state’s argument revolves around its ability to regulate the conduct of professionals, even if it impacts their speech. With 26 states and the District of Columbia having restrictions or prohibitions on conversion therapy for minors, the Supreme Court’s decision underscores the ongoing struggle to balance LGBT rights with religious freedom.
Brian Tingley’s lawsuit against the state, initiated in 2021, faced dismissal by U.S. District Judge Robert Bryan, who deemed the law to be “rationally related” to protecting the well-being of minors. The San Francisco-based 9th U.S. Circuit Court of Appeals upheld this decision in 2022. Tingley is represented by the Alliance Defending Freedom, a conservative legal group known for challenging various LGBT protections, including the recent Colorado same-sex weddings ruling.