The U.S. Supreme Court denied to take up an argument involving a ban on LGBTQ+ conversion therapy for minors in Washington state on Monday and Justice Clarence Thomas railed against the decision in a dissenting opinion.
The Supreme Court said in a filing this week that they are denying to hear arguments relating to a case in Washington state, where Brian Tingley, filed a lawsuit alleging that the state's ban on LGBTQ+ conversion therapy for minors violates his First Amendment right of free speech.
According to the Gay & Lesbian Alliance Against Defamation (GLAAD), conversion therapy is defined as "any attempt to change a person's sexual orientation, gender identity, or gender expression." Over the past several months, many conservatives have criticized members of the LGBTQ+ community and have called for boycotts against companies that partner with members of this community.
However, Justice Thomas issued a lengthy dissenting opinion to the decision saying, "There is a fierce public debate over how best to help minors with gender dysphoria. The petitioner, Brian Tingley, stands on one side of the divide. He believes that a person's sex is 'a gift from God, integral to our very being.'"
"The State of Washington is on the other side of the divide. Its view is that the State should 'protec[t] its minors against exposure to serious harms caused by' counseling to change a minor's gender identity, Note, Wash. Rev. Code §18.130.180 (2018), and, as a result, that counselors should only affirm a minor's chosen gender identity," Thomas said in his dissenting opinion.
"Proponents of conversion therapy often intentionally conflate the attempted altering of sexual orientation, gender identity or gender expression with the treatment of an actual condition such as sexual addiction," GLAAD said.
According to NBC, Tingley's lawyers said that he believes "that the sex each person receives at conception is not an accident or error but rather a gift from God." NBC also reported that Washington is currently one of 26 states that has a ban on LGBTQ+ conversion therapy for minors. Newsweek reached out to the Alliance Defending Freedom, which is representing Tingley in the suit.
"Washington excludes from the definition of '[c]onversion therapy' counseling 'that provide[s] acceptance, support, and understanding of clients or the facilitation of clients' coping, social support, and identity exploration and development that do[es] not seek to change sexual orientation or gender identity,'" Thomas wrote in his dissenting opinion. "In other words, helping a minor become comfortable with his biological sex is prohibited 'conversion therapy,' while encouraging a minor to change his 'outward, physical traits' to 'alig[n]...with [his] gender identity' is not."
Newsweek reached out to the U.S. Supreme Court via email for comment.
Thomas's dissenting opinion went on for several pages, while others who dissented, such as Justice Brett Kavanaugh, wrote only a brief opinion on why they believe the court should hear the case.
"The petition for a writ of certiorari is denied. JUSTICE KAVANAUGH would grant the petition for a writ of certiorari," Kavanaugh wrote.
The decision by the Supreme Court on Monday allows for the current ban on LGBTQ+ conversion therapy for minors to stay in place in the state of Washington.
"We're disappointed that Washington's Counseling Censorship Law will continue to prevent many people from getting the help they need," Alliance Defending Freedom Senior Counsel and Vice President of Appellate Advocacy John Bursch told Newsweek in a statement.
"The law clearly violates the First Amendment by censoring counselors like Brian, and that ultimately hurts his clients. Washington forces counselors to tell their clients that there is no path to affirming their biological sex. It is disappointing that Washington's censorship regime will remain in place. This issue is not going away. As Justices Thomas, Kavanaugh, and Alito pointed out, this law clearly regulates speech, there is a circuit split on the issue, and 20 other states and the District of Columbia have similar laws. We urge the Supreme Court to take a similar case when the time comes."
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Matthew Impelli is a Newsweek staff writer based in New York. His focus is reporting social issues and crime. In ... Read more
