It’s hard to believe that in the United States of America, seeking mental health support that aligns with biological reality could be illegal. Yet, that’s exactly what the state of Washington told licensed counselor Brian Tingley: that certain conversations could be punished by law if they were deemed insufficiently supportive of radical gender ideology.
Back in 2018, Washington passed Senate Bill 5722 prohibiting so-called “conversion therapy,” defined as “a regime that seeks to change an individual’s sexual orientation or gender identity.” This applies even if an individual is explicitly asking for help in this area and wants to feel aligned with his or her biological sex. If a counselor like Tingley tried to help a suffering client, he could face up to $5,000 in fines and the loss of his license under the law.
“For years, activists have been pushing this narrative that what they call ‘conversion therapy’ is harmful, when there’s no evidence of that at all,” said Alliance Defending Freedom Senior Counsel Hal Frampton, one of the lawyers representing Tingley in his lawsuit against the state of Washington. “Particularly when you look at the kind of voluntary conversations that the counselors that we represent have, where they’re not forcing a viewpoint on anyone, they just want to be able to help a willing child or willing adolescent who comes to them.”
ADF is arguing that Washington’s law is unconstitutional and violates both freedom of speech and freedom of religion.
What’s more, the law is a clear case of viewpoint discrimination. If a minor seeks professional counseling in order to support a so-called “gender transition,” for example, it is not only legal but actively encouraged.
As soon as the law was passed in 2018, Tingley knew that it would adversely affect his practice. A Christian himself, Tingley was often sought out by Christian clients who wanted help from a professional who shared their faith. Now, those people have nowhere to go.
“Thankfully, he was able to get connected with us, and we were able to file a lawsuit on his behalf to try to stop the law from changing the way that he practiced,” Frampton said.
Unfortunately, that first lawsuit was dismissed by a federal district court. ADF appealed the decision and even asked the U.S. Supreme Court to take on the case, but was declined.
Then, in March 2026, the Supreme Court ruled 8-1 in favor of another ADF client, Colorado counselor Kaley Chiles, who faced a similar set of circumstances to Tingley. The Supreme Court’s opinion stated that “we have recognized the […] dangers associated with regulations that discriminate based on the speaker’s point of view.”
Armed with this victory, Tingley filed a motion in federal court to reopen his case in May 2026. And just a few weeks ago, on August 13, the state of Washington agreed not to enforce its censorship law against Tingley while his case is proceeding through the courts.
At least for now, Tingley is free to practice in peace.
“For the first time in five years, Brian is able to counsel clients in accordance with his faith,” Frampton said. “Now, we still have to win the lawsuit and make that a permanent injunction in order to protect his rights going forward.”
Tingley’s case is incredibly important, especially as the number of detransitioners continues to rise and more and more victims come forward with stories of careless and sloppy counseling that forever altered the course of their lives.
IW Features storyteller Claire Abernathy is just one example. As a vulnerable preteen struggling with gender dysphoria, Abernathy’s parents brought her to a therapist who manipulated them into affirming her. Abernathy’s parents were told that if they didn’t support her transition, she would probably commit suicide.
“[The therapist] made my parents feel very small, like they didn’t know their own child,” Abernathy said.
At just 14 years old, Abernathy underwent a double mastectomy that led to a deep depression and “a huge wave of regret.”
Abernathy’s experience, and the experience of so many others, could have been different had they not been aggressively pushed down the gender transition pipeline by irresponsible counseling. That’s why counselors like Tingley must be free to acknowledge biological reality and help those who are seeking to align themselves with it.
“We know that the vast majority of children who experience feelings of gender incongruence grow out of them and live in accordance with their natal sex as happy and healthy adults, and Washington’s law cuts them off from the support that would allow them to do that,” Frampton said. “Essentially, it’s the state saying that they know how to raise your child best – and they’re going to set the child on a path toward all kinds of harm.”
