In Tingley
v. Ferguson, (9th Cir., Sept. 6, 2022), the U.S. 9th
Circuit Court of Appeals rejected free speech, free exercise and vagueness
challenges to Washington state's ban on practicing conversion therapy on
minors. The court said in part:
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. 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....
SB 5722 is a neutral law targeted at preventing the harms
associated with conversion therapy, and not at the religious exercise of those
who wish to practice this type of therapy on minors.
Judge Bennett concurred in part. Courthouse
News Service reported on the decision.
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