The US Supreme Court has declined to hear a case which would have challenged a Washington State law which bans ‘conversion therapy’ being practiced on minors.
Practitioners of the psychological treatments claim to be able to suppress or alter a person’s gender identity or sexuality, but the processes have been debunked by researchers and increasingly outlawed in many parts of the world. Survivors of the practice have reported it as a process of physical and psychological torture.
In Washington State conversion therapy practices legal for adults but cannot be performed with clients under the age of eighteen. The law also only applies to licensed counselors and psychologists, leaving non-licensed counselors and those working under the auspice of religious organisations free to continue performing the practice.
On Monday the Supreme Court turned down hearing an appeal against a decision made by a lower court. The plaintiff, Brian Tingley, has argued that law censors the way he can speak to his clients in therapy, a violation of the United States first amendment right to free speech.
Tingley has testified that his religious beliefs are central to his professional work, including his belief that marriage can only between one man and one woman, no sexual relationships should occur outside of marriage, and a view that people cannot change their sex or gender.
Conservative legal group The Alliance Defending Freedom is representing Tingley in the case. They have been behind a wide number of cases which challenge laws relating to LGBTIQA+ rights.
In the previous rounds of the case the state has argued that laws relate to professional conduct, rather than the right to free speech. In a 6-3 decision the Supreme Court rejected the application for an appeal against the decision.
Three justices, Clarence Thomas, Samuel Alito and Brett Kavanagh were the dissenting voices on the bench. Writing the dissenting opinion Justice Thomas said that the law silenced one side of an important debate and was preventing health professionals from helping people accepting “their biological sex”.
“That is viewpoint-based and content-based discrimination in its purest form,” Justice Thomas said.
If the case had been heard it could have had a significant impact on the movement to ban the practice with 26 US states and the District of Columbia having laws in place that protect minors.
In Australia conversion therapy is banned in Victoria with legislation which advocates have labeled the best in the world. Laws have also been amended in Queensland and the Australian Capital Territory. There are proposals to bring in similar legislation in New South Wales, Tasmania and Western Australia.
Graeme Watson
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