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Supreme Court declines to rule on whether state and local governments can enforce laws banning conversion therapy for LGBTQ+ children
WASHINGTON – The Supreme Court on Monday declined to rule on whether state and local governments can enforce laws that prohibit treatment for LGBTQ+ children.
Over a three-judge dissent, the court rejected an appeal from Washington, which upheld the law. Florida’s local appellate court ruled that the counselor’s speech was unconstitutional as a remedy.
The Supreme Court often crosses over when the appeals courts disagree, and in separate opinions Justices Samuel Alito and Clarence Thomas said it was easy to reach the point in the dispute over the treatment ban.
Thomas wrote that his client should make the case in Washington because “licensed counselors cannot voice anything other than state-approved opinions to minors with male dysphoria without and facing punishment.”
Judge Brett Kavanaugh also voted to hear the case. Four of the nine judges are required to set up a trial for arguments.
The court’s decision to avoid the case from Washington came because efforts to limit the rights of LGBTQ + children have spread throughout the country.
About half of the states prohibit the practice of trying to change a person’s sexuality or gender identity through counseling.
A family counselor in Washington, Brian Tingley, was sued over a 2018 state law that threatened doctors who participate in conversion therapy with the loss of their licenses. Tingley said the law violated his free speech rights. The 9th US Circuit Court of Appeals upheld in a split decision.
The Supreme Court previously rejected several challenges to the ban, but those cases went to trial before a 5-4 decision in 2018 in which the court ruled that California could not enforce the sites. specifically for pregnancy problems to provide information about. abortion.
Since the end of 2018, the 11th US Circuit Court of Appeals in Atlanta has invalidated Florida’s local ban.