In a statement, Alliance Defending Freedom senior counsel John Bursch, representing Tingley, urged the Supreme Court to take up this issue if it is ever brought to them again, noting that counselors in other states could bring similar lawsuits.
“We’re disappointed that Washington’s Counseling Censorship Law will continue to prevent many people from getting the help they need,” Bursch said. “The law clearly violates the First Amendment by censoring counselors like Brian [Tingley], and that ultimately hurts his clients. Washington forces counselors to tell their clients that there is no path to affirming their biological sex. It is disappointing that Washington’s censorship regime will remain in place. This issue is not going away.”
Bursch told CNA that the Supreme Court’s refusal to take up the case “sends a terrible free speech message” to government officials and lower courts and allows Washington to continue to “censor and compel [viewpoint-specific] speech.”
He added that it would allow the nine Western states under the jurisdiction of the Ninth Circuit Court of Appeals to continue to discriminate against speech.
Despite the decision, Bursch said Tingley is “definitely going to continue counseling” in a way that is consistent with state law. Bursch said Tingley is “strongly convinced by the medical evidence [that it is] dangerous and wrong to affirm kids’ transgender identity,” such as by assigning them transgender hormone therapy or drugs or performing sex change surgeries.
Washington Attorney General Bob Ferguson praised the ruling in a statement.