For the first time in five years, Christian counselor Brian Tingley is free to counsel his clients without fear of legal penalties.
On Thursday, August 13, Washington state agreed not to enforce its counseling censorship law banning so-called “conversion therapy” against Tingley, a significant victory for free speech in the Evergreen State.
“There is an epidemic of mental health issues among young people today,” said Alliance Defending Freedom Senior Counsel Johannes Widmalm-Delphonse. “They and their parents often come to Brian Tingley because they feel most comfortable with a counselor who shares their faith, yet the state prohibited these voluntary conversations.”
Widmalm-Delphonse added,
Tingley is a licensed marriage and family therapist with over 20 years of experience helping both adult and minor clients. He engages solely in talk therapy: listening to clients, asking them questions and helping them pursue psychological and behavioral changes according to their desires and goals.
As a part of his practice, Tingley helps minor clients struggling with unwanted same-sex attraction and sexual identity confusion.
But in 2018, Washington state passed a law banning “conversion therapy” – prohibiting counselors from assisting clients “become more comfortable with [their] biological sex” or reduce same-sex attractions, thoughts, identities and behaviors.
Tingley fought back in federal court, filing a lawsuit in 2021, seeking to vindicate his constitutional rights. He is represented by attorneys with Alliance Defending Freedom.
He argued the state’s law – requiring counselors speak only state-approved messages on homosexuality and transgenderism – violated the First Amendment.
Washington state isn’t the only government entity with such laws on the books; other states and localities have also enacted counseling speech codes. But thanks to a recent U.S. Supreme Court decision, those laws are on a collision course with the U.S. Constitution.
In March, the Supreme Court ruled in favor of Kaley Chiles, a Christian counselor, who sued over Colorado’s counseling censorship law, concluding the law violated the Constitution.
“The First Amendment stands as a shield against any effort to enforce orthodoxy in thought or speech in this country,” Justice Gorsuch wrote for the majority.
“It reflects instead a judgment that every American possesses an inalienable right to think and speak freely, and a faith in the free marketplace of ideas as the best means for discovering truth.”
Since Chiles, counseling censorship laws have fallen like dominoes in various court decisions across the country. The development in Tingley’s case represents yet another victory for Christian counselors.
Thanks to the new agreement, Tingley is now free to contribute to the marketplace of ideas until his case reaches a final settlement. That’s a victory for Tingley, his clients in need of help, and everyone’s free speech rights guaranteed by the Constitution.
The case is Tingley v. Brown.
If you or someone you know is struggling with homosexuality or transgenderism, Focus on the Family offers a one-time complimentary consultation with our ministry’s professionally trained counseling staff. The consultation is free due to generous donor support.
To reach Focus on the Family’s counseling service by phone, call 1-800-A-Family (232-6459) weekdays 6:00 a.m. to 8:00 p.m. (Mountain Time). Please be prepared to leave your contact information for a counselor or chaplain to return a call to you as soon as possible. Alternatively, you can fill out our Counseling Consultation Request Form.
Related articles and resources:
Counseling for Sexual Identity Concerns: A Measured, Careful, and Compassionate approach.
Court Revives Lawsuit Challenging Washington’s Counseling Censorship Law
Washington Counselor Asks Court to Protect Free Speech
Supreme Court Declines to Hear Counseling Censorship Case
Photo from Alliance Defending Freedom.
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