Supreme Court Upholds Washington State Law Banning Conversion Therapy for Minors

The Supreme Court on Monday rejected a First Amendment challenge to a Washington state law that bars licensed health professionals from practicing conversion therapy on minors. The challenge was brought by Brian Tingley, a licensed marriage and family counselor in Washington, who argued that the law restricts counselors from conveying any message other than a “state-approved message of encouraging minors to explore their gender identities.”

The widely criticized practice of conversion therapy is aimed at encouraging gay or lesbian minors to change their sexual orientation and transgender children to identify as the gender identity assigned to them at birth. Washington is one of 26 states that have barred or restricted such therapy for minors.

The court’s decision not to take up the case means the law remains intact, despite the objections of three conservative justices. Justice Clarence Thomas wrote in a dissenting opinion that there is “little question” that Washington’s law regulates speech and implicates the First Amendment.

The Supreme Court’s decision not to take up the appeal from Brian Tingley leaves intact a lower court opinion upholding the law. The ruling is seen as a victory for LGBTQ rights advocates who have long argued that conversion therapy is harmful and should be banned.