Supreme Court Lets Ban on Conversion Therapy Stand

Law allows Washington state to pull license of a therapist trying to change someone's sexual orientation
By Bob Cronin,  Newser Staff
Posted Dec 11, 2023 4:44 PM CST
State's Conversion Therapy Ban Stands After High Court Passes
The US Supreme Court in Washington on Thursday.   (AP Photo/J. Scott Applewhite)

A Washington state law prohibiting conversion therapy—treatment intended to change a person's sexual orientation or gender identity—will remain in place after the US Supreme Court declined to consider a challenge to the ban. As is usual, NPR reports, the court did not explain its decision. Two lower courts upheld the 2018 Washington law, which permits the state to revoke the licenses of therapists who try to change the sexual orientation of a minor. It was challenged by a family counselor who maintained the legislation violates his right to free speech. Justice Clarence Thomas, Samuel Alito, and Brett Kavanaugh disagreed with the majority's decision.

"It is beyond dispute that these laws restrict speech," Alito wrote, "and all restrictions on speech merit careful scrutiny." The law allows a licensed therapist to discuss conversion therapy with minors or recommend someone else, such as a religious counselor, conduct it. But a licensed therapist cannot perform conversion therapy. Intended to convert people who identify as lesbian, gay, bisexual, transgender, queer, or questioning into straight or cisgender people can cause emotional harm, per CNN. Washington argued to the Supreme Court that it has held "that states can regulate conduct by licensed professionals, even if the regulations incidentally impact speech." Top medical groups endorse such laws, per the New York Times, and many other states have them. (More US Supreme Court stories.)

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