Supreme Court Declines to Rule on Case Challenging Conversion Therapy Ban

On Monday, the Supreme Court declined to rule on a challenge to Washington’s ban on performing conversion therapy on minors, leaving the ban in place.

The Ban: Washington SB 5722, signed into law in 2018, defines conversion therapy as “a regime that seeks to change an individual's sexual orientation or gender identity. The term includes efforts to change behaviors or gender expressions, or to eliminate or reduce sexual or romantic attractions or feelings toward individuals of the same sex.” The bill aims to “regulate the professional conduct of licensed health care providers” and protect the state’s LGBT minors from the “serious harms caused by conversion therapy.”

The Challenge: Christian licensed marriage and family therapist Brian Tingley challenged the ban, claiming it violated his First Amendment rights.

Details: Three conservative justices joined the liberals in rejecting the case. The three other conservative justices — Justice Samuel Alito, Justice Brett Kavanaugh, and Justice Clarence Thomas — dissented. In his dissenting opinion, Thomas wrote, “This petition asks us to consider whether Washington can censor counselors who help minors accept their biological sex. Because this question has divided the courts of appeals and strikes at the heart of the First Amendment, I would grant review.” In a separate dissenting opinion, Alito wrote, “It is beyond dispute that these laws restrict speech, and all restrictions on speech merit careful scrutiny.”

How the Media Covered It: Outlets across the spectrum covered the decision, with some left-rated outlets deeming the decision a surprise win for LGBT rights advocates. Update 12/12/23 9:57 p.m. ET: A previous version of this headline incorrectly stated "Conversation" instead of "Conversion." We regret the error.⁠