Supreme Court declines to hear challenge to ‘conversion therapy’ ban

The Supreme Court on Monday refused to take up a challenge to a state law in Washington designed to protect LGBTQ+ youths from “conversion therapy,” a decision that drew dissent from three conservative justices.

More than 20 states and the District of Columbia restrict mental health counseling that attempts to change a young person’s gender identity or sexual orientation.

A Christian marriage and family counselor who helps clients with gender identity told the court that the Washington law, which limits the practice of “conversion therapy,” censors his conversations with clients in violation of the First Amendment. The U.S. Court of Appeals for the 9th Circuit upheld the law, which it said prohibits certain professional conduct, not speech.

As is customary, the Supreme Court majority did not explain its decision Monday to leave the 9th Circuit ruling in place. Three justices — Clarence Thomas, Samuel A. Alito Jr. and Brett M. Kavanaugh — said they would have taken the case.

In written dissents, Alito and Thomas said the case presents important questions of free speech that have divided lower courts.

“There is fierce debate over how best to help minors with gender dysphoria,” Thomas wrote.

Pennsylvania becomes the 27th state to restrict ‘conversion therapy’

Brian Tingley, the family counselor, told the court that he seeks to help young people with gender dysphoria who “want to be comfortable with their biological sex.”

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