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Supreme Court Refuses To Hear LGBTQ Conversion Therapy Case—Leaving State Ban On It Intact

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Justices Brett Kavanaugh, Samuel Alito Clarence Thomas would have taken up the case.
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Washington State’s ban on LGBTQ “conversion therapy” for minors will remain intact, as the Supreme Court said Monday it will not take up a challenge against the state’s law, leaving a lower court ruling that upheld it in place.Key Facts

The court declined to take up Tingley v. Ferguson, a case brought by a marriage and family counselor in Washington challenging SB 5722, a state law that punishes licensed healthcare providers who perform what’s known as “conversion therapy” on patients under 18.

Under SB 5722, it’s considered unprofessional conduct—which could result in sanctions, including a healthcare provider’s license being revoked—to provide therapy that “seeks to change an individual’s sexual orientation or gender identity, including efforts to change behaviors or gender expressions, or to eliminate or reduce sexual or romantic attractions or feelings toward individuals of the same sex.”

Brian Tingley sued the state, claiming the law violated his First Amendment rights, but district and appeals courts ruled against him, leading Tingley to ask the Supreme Court to take up the case.

Justices Brett Kavanaugh, Clarence Thomas and Samuel Alito would have heard the case, the court said Monday, with Thomas and Alito issuing dissents explaining why they thought the case should be taken up.

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