A Washington state Christian counselor—after a five-year ban on providing faith-based talk therapy centered on helping youth struggling with gender identity and same-sex attraction—is free to counsel his clients in accordance with his beliefs without the threat of legal penalties.

State officials have agreed to not enforce a counseling censorship policy against Brian Tingley, a licensed family and marriage therapist, as his lawsuit against the government continues.

Tingley, who has counseled adults and minors for more than 20 years, challenged a 2018 state law that bars counselors from encouraging and helping minors reject same-sex attraction or gender confusion. That same law permits counselors to encourage gender transitions. Those who violate the law could face suspension from their practice and loss of their license, as well as fines of up to $5,000 per violation.

Tingley argued that the law violated the First Amendment because it requires counselors to promote only state-approved ideologies on homosexuality and transgenderism. 

A U.S. district court ruled against Tingley, dismissing the case, and the 9th U.S. Circuit Court of Appeals upheld that ruling. In 2023, the U.S. Supreme Court denied to hear his case. 

But in March, the Supreme Court ruled in favor of Kaley Chiles, a Colorado Christian counselor who sued the state over a law that barred her from helping minors live in accordance with their biological sex. 

Following that ruling, the federal court reopened Tingley’s case, and the state agreed to not enforce the law against Tingley as his case proceeds. In Chiles’ case, the court ruled that counseling conversations are protected speech and that a Colorado law, materially identical to Washington’s law, discriminated based on viewpoint. 

Johannes Widmalm-Delphonse, senior counsel with Alliance Defending Freedom, expressed that there is an increase in mental health issues among young people, and Tingley meets that need by directly helping families who share his Christian beliefs. 

“They and their parents often come to Brian Tingley because they feel most comfortable with a counselor who shares their faith, yet the state prohibited these voluntary conversations,” Widmalm-Delphonse said. “We’re pleased Washington has agreed that Mr. Tingley should be free to speak. It will allow young people to get the help they desperately need while his case proceeds.”

Decision Magazine, founded by Billy Graham in 1960, works through its website and monthly magazine to communicate the Gospel, as well as inform and challenge readers about key cultural and Biblical issues. Decision is also a Contributing Publisher to Harbinger’s Daily.