The U.S. Supreme Court has declined to hear the case of a Christian counselor in the state of Washington who challenged the state’s ban on so-called conversion therapy in regard to sexual orientation or gender identity.
The law, passed in 2018, allows counselors to encourage gender transitions but prohibits them from talking with clients about becoming more comfortable with their biological sex or detransitioning. Counselors who violate the law face fines of up to $5,000 per violation, suspension from practice and loss of their licenses.
Counselor Brian Tingley challenged the law in U.S. district court, but that court ruled against him, and the 9th U.S. Circuit Court of Appeals upheld the district court’s dismissal. With the U.S. Supreme Court now declining to consider the case, the state’s law will remain in effect.
Justices Clarence Thomas, Brett Kavanaugh and Samuel Alito all said the court should have heard the case. In separate dissents, Thomas and Alito pointed out that circuit courts have now split on the issue, with the 11th circuit ruling that similar ordinances in Florida were unconstitutional. “This case is not the first instance of the 9th Circuit restricting medical professionals’ First Amendment rights, and without the Court’s review, I doubt it will be the last,” Thomas wrote.
The Washington bill exempts counseling that happens under the auspices of a religious denomination, church or organization, but the exemption does not apply to counselors who, like Tingley, do not work under the auspices of a religious body.
“We’re disappointed that Washington’s Counseling Censorship Law will continue to prevent many people from getting the help they need,” said John Bursch, senior counsel and vice president of appellate advocacy with Alliance Defending Freedom. “The law clearly violates the First Amendment by censoring counselors like Brian, and that ultimately hurts his clients. Washington forces counselors to tell their clients that there is no path to affirming their biological sex. It is disappointing that Washington’s censorship regime will remain in place.”
