Therapist urges Washington courts to overturn state conversion therapy ban

A therapist in Washington state asked a federal district court Wednesday to reopen his case so he can freely talk to minors seeking help to overcome gender confusion. Brian Tingley said a 2018 state law bars him from speaking with young people who want to be comfortable with their bodies. He filed a lawsuit seeking to overturn the law in 2021, but the district court dismissed his case. The 9th U.S. Circuit Court of Appeals upheld that decision.

What do supporters of Washington’s state law say? The state law bans so-called conversion therapy, which it defines as "a regime that seeks to change an individual's sexual orientation or gender identity." It goes on to say that this includes efforts to change gender expressions or to reduce romantic attractions toward individuals of the same sex. Supporters of the ban on conversion therapy and associated reparative therapy characterized the treatments as dangerous and ineffective. But critics of the ban argue that it blocks Christian counselors from speaking from a Biblical worldview and helping patients deal with unwanted feelings or attractions.

What is Tingley’s argument for reopening his case? In light of the Supreme Court’s March decision in Chiles v. Salazar, Tingley said his case should be allowed to proceed in court. The high court in Chiles found that Colorado state laws banning conversion therapy for kids with gender confusion violate the First Amendment. Chiles clearly rejected Washington’s law and the 9th Circuit’s dismissal of Tingley’s case should be revisited, said Hal Frampton, an attorney for Alliance Defending Freedom, which represents Tingley. Washington’s law censors voluntary conversations questioning the state's gender ideology, Frampton said in a statement Thursday.

Tingley said in 2021 that he was concerned about how the law harmed his clients. He said the state had no business controlling the personal goals his clients can or can’t pursue.

Dig deeper: Read my report on the freedom counselors said they felt after the Chiles v. Salazar ruling.