WA's LGBTQ conversion therapy ban upheld by federal court

Washington state's ban on anti-gay conversion therapy will stand.

The federal Court of Appeals for the Ninth Circuit on Tuesday unanimously ruled to uphold Washington's ban, rejecting a conservative therapist's claim that the ban undermined his free speech and religious beliefs.

Washington's ban on conversion therapy, enacted in 2018, prevents therapists from working with minors in a way that tries to change their sexual orientation or gender identity.

Tacoma therapist Brian Tingley, who brought the case, argued through his lawyer that conversion therapy falls under the same category as marital counseling, concerning ones relationship goals. Part of their argument in court was that, "the first amendment tells us again and again that the fact that an idea may be harmful, may cause harm, is not a sufficient basis to censor."

But the court of appeals sided with Washington state attorneys, who argued that "efforts to change sexual orientation and gender identity are ineffective and put minors at significant risk of harm, including elevated risks of suicidality, depression and elevated anxiety."

Twenty U.S. states and the District of Columbia have laws completely banning conversion therapy for minors, according to the Movement Advancement Project. Six states and Puerto Rico have partial bans on conversion therapy for minors.

The American Psychological Association has called conversion therapy a harmful practice for LGBTQ people, "with devastating mental health consequences."