Tingley v. Ferguson

Brian Tingley is a licensed counselor who has been practicing in Washington State for more than 20 years. During that time, he has talked with adults, couples, teenagers, and children to help them identify and achieve the goals that they set for themselves, consistent with their own moral values and religious beliefs. Under Brian’s guidance, his clients have pursued meaningful and positive changes in their lives. But now, Brian’s practice is in jeopardy.

In 2018, Washington passed a law censoring private conversations between counselors and their clients. The law stipulates that if a client wanted to undergo a gender transition, the counselor and client can speak about anything. But if a client wanted to become more comfortable with her biological sex or talk through the emotionally and medically difficult process of de-transitioning, counselors like Brian would be prohibited from having those conversations. Simply by working with clients to achieve the goals they set for themselves, Brian faces fines of up to $5,000 per violation, suspension from practice, and losing his license and livelihood.

But the government doesn’t get to regulate counselors’ speech. This law is a clear violation of both freedom of speech and religious freedom, in a very private setting. That’s why ADF filed a lawsuit on Brian’s behalf challenging Washington State’s unconstitutional law.

Case timeline

• May 2021: ADF filed a lawsuit against the state of Washington on Brian’s behalf.
• August 2021: A federal district court dismissed Brian’s case. ADF attorneys representing Brian appealed to the U.S Court of Appeals for the 9th Circuit.
• May 2022: The 9th Circuit held oral argument in Brian’s case.
• September 2022: The 9th Circuit affirmed the dismissal, denying Brian the opportunity to prove his case.
• January 2023: The 9th Circuit denied Brian’s request to rehear his appeal en banc. Two judges filed strongly worded opinions objecting to that refusal.
• March 2023: ADF attorneys asked the U.S. Supreme Court to hear Brian’s case.
• December 2023: The Supreme Court declined to hear the case.