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Iman Milner
2 weeks ago


SUPREME COURT JUSTICE CLARENCE THOMAS ARGUES PROPOSED STATE BANS ON CONVERSION
THERAPY VIOLATE FIRST AMENDMENT

Photo by Alex Wong/Getty Images, small image (Photo by Anna Moneymaker/Getty
Images)



Supreme Court Justice Clarence Thomas suggested that state bans on conversion
therapy aimed at minors may violate First Amendment rights. Justice Samuel Alito
has supported Thomas’ claim, Business Insider reports.



The Supreme Court published the thoughts of both Thomas and Alito on Dec. 11 in
announcing its decision to bypass hearing a case brought before the justices by
conversion therapist Brian Tingley, who believes a person’s sex is “a gift from
God, integral to our very being” and assists minors suffering from gender
dysphoria who “want to become comfortable with their biological sex” through
talk therapy. The state of Washington opposes Tingley’s belief and asserted that
it should “protect its minors against exposure to serious harms caused by”
conversion experts, according to Supreme Court documents.

The ban would require licensed counselors like Tingley to comply with state
laws, making conversion therapy illegal and leaving perpetrators open to


punishment. “Under SB 5722, licensed counselors cannot voice anything other than
the state-approved opinion on minors with gender dysphoria without facing
punishment,” Justice Thomas wrote. “The Ninth Circuit set a troubling precedent
by condoning this regime.”

Alito agreed, writing, “It is beyond dispute that these laws restrict speech,
and all restrictions on speech merit careful scrutiny,” in a separately
published article.

Justice Brett Kavanaugh was said to be open to hearing the case. But the court
failed to meet the minimum requirement of four justices in order to have it
reviewed, so Washington’s ban on conversion therapy remains in place. According
to


Business Insider, Judge Ronald Gould vehemently disagreed with the assertion
made by Justices Thomas and Alito.

“Washington’s licensing scheme for health care providers, which disciplines them
for practicing conversion


therapy on minors, does not violate the First or Fourteenth Amendments,” Gould
wrote. “States do not lose the power to regulate the safety of medical
treatments performed under the authority of a state license merely because those
treatments are implemented through speech rather than through scalpel.”

RELATED CONTENT: Conservative Judges Halt Investigation Into Former Law Clerk
And Friend Of Clarence Thomas For Racist Texts Saying ‘I Hate Black People’

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