Supreme Court Upholds State Bans on Conversion Therapy, Rejecting Washington Challenge

In a decisive move affirming the rights and protections of LGBTQ+ youth, the U.S. Supreme Court on Monday declined to hear a First Amendment challenge to a Washington State law banning conversion therapy. This ruling upholds measures in Washington and more than 20 other states against a practice aimed at changing a minor’s sexual orientation or gender identity.

The law, which forbids licensed therapists from performing conversion therapy on minors, defines the practice as efforts to change behaviors or gender expressions or to eliminate or reduce same-sex attractions or feelings. It allows counseling that supports acceptance and understanding, aligning with the stance of major medical groups.

Related: Supreme Court Considers Challenge to Washington State’s Conversion Therapy Ban

Conservative justices Clarence Thomas, Samuel Alito, and Brett Kavanaugh dissented, indicating they’d have wanted to hear the case.

Thomas emphasized the importance of considering the case due to its implications for the First Amendment and the current divisions in appellate courts. Alito also asserted the issue’s national significance, stressing that speech restrictions warrant careful scrutiny.

Brian Tingley, a family counselor who challenged the law, was represented by Alliance Defending Freedom, a conservative Christian law firm that opposes the rights of LGBTQ+ people. He argued that the law infringed upon his free speech and religious rights. However, the U.S. Court of Appeals for the Ninth Circuit ruled against Tingley, stating that the government can regulate the conduct of medical professionals, especially when it concerns the safety of minors.

The Trevor Project’s senior director for state advocacy and government affairs, Janson Wu, celebrated the developments.

“The Court’s decision today to allow these protections to stand in place sends an affirming message to LGBTQ+ youth, their families, and survivors while honoring the victims we’ve lost to this abusive practice. Each time the question of whether these statewide protections are constitutional has reached the Court, the Supreme Court has consistently refused to intervene,” Wu said in a statement. “Protecting LGBTQ+ youth from conversion therapy is not controversial, yet there remain too many states who have yet to enact legislative protections. Even with today’s victory, there is still a long road ahead to ending conversion therapy. We hope that lawmakers take the Court’s decision today as an opportunity to implement vital protections against this practice.”

This Supreme Court decision is a crucial moment for LGBTQ+ advocacy, as efforts to limit the rights of LGBTQ+ children have been increasing across the country. The ruling reinforces the notion that states have the authority to regulate professional conduct, particularly in areas impacting the health and well-being of minors, and highlights the ongoing legal and societal shifts toward recognizing and protecting LGBTQ+ rights.

Editor’s note: This story was updated to include a reaction from the Trevor Project.