Written by Matt Alexander @therealazmatt
The U.S. Supreme Court has opted not to take up a legal challenge to Washington state’s ban on LGBTQ+ conversion therapy for minors. The ban in question defines conversion therapy to include talk therapy aimed at helping minors to accept their biological sex. The decision comes as a blow to petitioner Brian Tingley, a therapist who contends that the state’s ban violates his First Amendment right to free speech.
Conservative justices Samuel Alito and Clarence Thomas expressed their dissent in response to the denial of the case. Thomas, in a detailed opinion, acknowledged the heated public discourse surrounding the treatment of minors with gender dysphoria, as exemplified by the opposing positions in this case.
Thomas noted the fundamental disagreement at play, emphasizing that the petitioner, Brian Tingley, firmly believes that a person’s sex is “a gift from God, integral to our very being.” This sentiment reflects the deeply entrenched divide on the issue, raising questions about individual rights and the state’s role in regulating therapeutic practices.
Thomas also explained Washington’s position, stating, “The State of Washington is on the other side of the divide. Its view is that the State should ‘protec[t] its minors against exposure to serious harms caused by’ counseling to change a minor’s gender identity.” He underscored the state’s approach, which advocates for counselors to affirm a minor’s chosen gender identity.
Justice Alito, in a separate opinion, echoed concerns about the restriction of speech, stating, “It is beyond dispute that these laws restrict speech, and all restrictions on speech merit careful scrutiny.”
The Supreme Court’s decision not to review the case means that the Ninth Circuit’s ruling from September 2022, upholding Washington’s ban on conversion therapy for minors, will remain in force. With Justice Brett Kavanaugh indicating interest but not providing a written opinion, the legal landscape surrounding LGBTQ+ conversion therapy continues to be a complex and contentious arena, dealing with the intertwining issues of free speech, individual beliefs, and the well-being of minors.