Counseling

Christian Counselor Brian Tingley Wins Free Speech Victory

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,

We’re pleased Washington has agreed that Mr. Tingley should be free to speak. It will allow young people to get the help they desperately need while his case proceeds.

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:

What Is ‘Conversion Therapy’?

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

Christian Counselor Sues for Right to Talk to Minors About Same-Sex Attraction, Gender Identity Issues

Photo from Alliance Defending Freedom.

Michigan Ends Unconstitutional Ban on Talk Therapy for Sexually Confused Minors 

In a major victory for free speech, Michigan agreed to stop censoring counselors who provide talk therapy for minors struggling with same-sex attractions and sexual identity confusion. 

The Becket Fund for Religious Liberty announced: 

Becket has secured a permanent order barring Michigan from enforcing its law that punished counselors who provide compassionate talk therapy to children struggling with their biological sex.
Rather than continue defending the law in court, Michigan agreed that its counseling ban is unconstitutional as applied to any licensed professional who engages in therapy that consists exclusively of talking.

The legal aid firm had filed a lawsuit on behalf of Catholic therapists challenging two Michigan laws which forbade therapists from helping young people struggling with unwanted homosexuality or transgenderism to live according to their faith. 

The U.S. District Court for the Western District of Michigan released the final judgement where the state agreed that legislation banning “conversion therapy” for minors violated the free speech clause of the First Amendment to the Constitution.

Becket Senior Counsel Luke Goodrich explained the agreement between Michigan and the counselors: 

Michigan is now admitting its law is unconstitutional. Its surrender confirms that the Constitution and the best available science are on the side of counselors who help children find peace with their bodies. States still trying to censor that care should take note.

The censorship of counselors began when Governor Gretchen Whitmer signed an executive directive in 2021 prohibiting state and federal funds for “conversion therapy,” as the Michigan Chapter of the National Association of Workers reported. She then “called on the legislature to codify a ban on conversion therapy.” 

Whitmer signed two bills into law in 2023. The first, HB 4616, banned “conversion therapy” for minors, threatening counselors with disciplinary action and licensing sanctions. 

The second, HB 4617, defined “conversion therapy” as “any practice or treatment by a mental health professional that seeks to change an individual’s sexual orientation or gender identity, including, but not limited to, efforts to change behavior or gender expression or to reduce or eliminate sexual or romantic attractions or feelings toward an individual of the same gender.”

Michigan became the 22nd state to censor counselors’ free speech. 

Of course, there is no counseling practice known as “conversion therapy.” No counselor or therapist ever put out a sign saying, “I offer conversion therapy” or “I’ll convert you from gay to straight!” There is no such clinical practice.

The term was invented by activists who oppose the truth that some people with same-sex attractions or gender identity confusion don’t want to embrace those thoughts, feelings, identities or behaviors. Therapy is one tool to help them live according to their deeply held beliefs about sexuality and relationships. 

In 2024, Emily McJones, a licensed therapist, along with Catholic Charities of Jackson, Lenawee and Hillsdale Counties filed suit against Whitmer and the state of Michigan, as the Daily Citizen reported. 

According to Becket, McJones and Catholic Charities’ counselors simply offer talk therapy, seeking to address the underlying factors in those struggling with same-sex attractions and behaviors and those rejecting their biological sex. 

The lawsuit, Catholic Charities v. Whitmer made it all the way to the U.S. Court of Appeals for the Sixth Circuit, which ruled against the state, saying the censorship was a “near-certain violation of the plaintiffs’ First Amendment rights” and sending the case back down to a lower court. 

Because the U.S. Supreme Court took up a similar case where counselor Kaley Chiles challenged Colorado’s talk therapy ban, the two parties agreed to pause their case. 

In an 8-1 decision released on March 31, 2026, the Court ruled Colorado’s censorship law “regulates speech based on viewpoint,” violating counselors’ First Amendment rights. 

The District Court cited Chiles v. Salazar and the Sixth Circuit decision, as both parties agreed that Michigan’s laws discriminated against counselors, violating their free speech rights. 

Becket Senior Counsel Luke Goodrich praised the victory, saying: 

This is a major victory for children, counselors, and common sense. Kids who are hurting deserve compassion, not a one-way ticket to harmful drugs, hormones, and surgery. Now counselors can offer compassionate counseling without fearing that state bureaucrats will come knocking.

Related articles and resources: 

Addressing Gender Identity with Honesty and Compassion

Catholic Therapists Challenge Michigan’s Ban on Counseling for Gender-Confused Children

Counseling Consultation & Referrals

Four Things You Should Know About Michigan’s Ban on Therapy for Unwanted Homosexuality or Transgenderism

Is Therapy to Leave Homosexuality Damaging? New Review Says, ‘No Proof of Harm’

Resources: Homosexuality

The Supreme Court’s ‘Conversion Therapy’ Ruling: Four Truths You Should Know

Supreme Court Smacks Down Colorado’s ‘Conversion Therapy’ Ban in 8-1 Decision

Therapy Bans Threaten Religious Freedom, Free Speech and Parental Rights

Transgender Resources

What Is ‘Conversion Therapy’?

Why We Support Therapy for Unwanted Homosexuality

Understanding Homosexuality

Photo: Emily McJones. Photo credit: Becket Fund for Religious Liberty.

Oregon Withdraws $90K Fine Against Christian Counselor

Christian counselor Frank Canepa has won a legal battle after being fined nearly $90,000 for refusing to affirm a client’s same-sex relationship.

Canepa is a licensed professional counselor who helps his clients achieve their stated goals. As a Roman Catholic, he provides counseling consistent with his religious beliefs.

For over two and a half years, Canepa counseled a client on a weekly basis at an “extremely reduced” rate, including multiple pro bono sessions.

Over the course of their counseling sessions, the client brought up the topic of same-sex relationships at least 44 times. Canepa never disclosed his personal views on such relationships during those sessions because he sought to “honor her personal life choices and direction in her own life.”

However, on July 10, 2023, the client again brought up the topic of same-sex relationships and demanded for 20 minutes that Canepa personally bless her same-sex relationship.

At this point, Canepa felt the need to disclose his view in the interest of truth and authenticity. Because of his Catholic faith, Canepa “told her [he] was unable to provide” the “level of personal affirmation for same-sex relationships” she desired “because of [his] Catholic faith.”

Following the session, the client filed a complaint against Canepa with the Oregon Board of Licensed Professional Counselors and Therapists. The Board decided to punish Canepa by fining him $89,636, and ordering him to undergo continuing education, for allegedly violating Oregon law and the American Counseling Association’s (ACA) Code of Ethics.

The Board said Canepa violated ACA Code Rule A.4.b, which requires counselors to “avoid imposing … their own values … especially when the counselor’s values are … discriminatory in nature.”

But Canepa was not discriminating against anyone. He was simply exercising his First Amendment right to speak freely and share his personal view after his client asked him to do so.

The Board imposed the punishment on August 5, 2025, after which Canepa appealed the decision to the Oregon Court of Appeals. He is represented by attorneys with Alliance Defending Freedom (ADF).

On June 5, 2026, the Board thankfully withdrew its disciplinary action against Canepa without explanation.

“The government can’t target counselors for their views and force people to say things that go against their core convictions,” said ADF Senior Counsel and Vice President of Litigation Strategy Jonathan Scruggs.

What caused the Board to reconsider its judgement between August 2025 and June 2026?

On March 31, 2026, the U.S. Supreme Court issued Chiles v. Salazar – a landmark opinion protecting the right of Christian counselors to speak freely in conversations with clients.

The Oregon Board cited Chiles in its decision to withdraw the judgement against Canepa.

“The Supreme Court recently took Colorado to task for censoring counselors and mandating orthodoxy in the counselor’s office, and Oregon should take notice,” Scruggs continued. “ADF will continue to ensure that free speech is protected in Oregon — and every state where it’s threatened — and halt states’ attempts to weaponize their licensure systems.”

This case demonstrates how important it is for Christians to be courageous and stand by their convictions in our culture today.

Had Kaley Chiles, the Christian counselor at the center of the Chiles case, decided not to defend her First Amendment right to free speech all the way up to the U.S. Supreme Court, Canepa would likely still be defending his constitutional rights before the Oregon Court of Appeals.

Thanks to the precedent set by Chiles, Canepa is again free to practice counseling in accordance with his faith.

The case is Canepa v. Board of Licensed Professional Counselors and Therapists.

Related articles and resources:

Austin Fire Chaplain Wins Settlement After Being Fired for Defending Biological Reality

Teacher Wins $650,000 After Being Fired for Refusing to Use ‘Trans’ Pronouns

Oregon School District Pays $650,000 for Firing Teachers Opposed to ‘Trans’ Policy

Supreme Court Smacks Down Colorado’s ‘Conversion Therapy’ Ban in 8-1 Decision

The Supreme Court’s ‘Conversion Therapy’ Ruling: Four Truths You Should Know

Court Awards $885,000 in Attorney Fees After Counseling Censorship Victory

Photo from Shutterstock.

Washington Counselor Asks Court to Protect Free Speech

Brian Tingley, a Christian counselor in Washington state, is seeking the restoration of his constitutional rights after the recent U.S. Supreme Court landmark decision protecting counselors’ speech, Chiles v. Salazar.

Tingley is a licensed marriage and family therapist with over 20 years of experience who counsels adult and minor clients. He engages only in talk therapy: listening to clients, asking questions and helping them pursue behavioral changes according to their desires and goals.

As a Christian, Tingley affirms the Bible’s teachings on relationships, sexuality and marriage.

However, Washington state – prohibiting so-called “conversion therapy” – makes it illegal for Tingley to help minor clients leave unwanted homosexuality or embrace their biological sex. Washington requires him – and all counselors – to speak only in a state-approved way, pushing clients towards homosexuality or “transgenderism.”

This kind of speech code, however, is a clear violation of the First Amendment’s free speech clause.

On March 31, 2026, the U.S. Supreme Court issued a momentous decision striking down Colorado’s ban on “conversion therapy” as an unconstitutional violation of the First Amendment. Colorado’s law is essentially identical to Washington’s.

“While the First Amendment protects many and varied forms of expression, the spoken word is perhaps the quintessential form of protected speech,” Justice Gorsuch wrote for the Court’s majority in Chiles v. Salazar. “And that is exactly the kind of expression in which Ms. Chiles seeks to engage.” So too with Brian Tingley.

Justice Gorsuch added, “The First Amendment stands as a shield against any effort to enforce orthodoxy in thought or speech in this country.”

As a result of the Court’s decision in Chiles, Tingley – who had previously challenged Washington’s law in court but lost – is asking a lower court to reconsider his case. He is being represented by attorneys with Alliance Defending Freedom (ADF).

“Washington’s law bans voluntary conversations based on the state’s ideological crusade to impose gender ideology and to reject common sense,” said ADF Senior Counsel Hal Frampton, director of the Center for Conscience Initiatives. “This is censorship pure and simple, and it violates the First Amendment — as affirmed recently in an 8-1 Supreme Court decision.”

Frampton added,

We are urging the district court to finally allow justice to prevail for Brian, protect his “inalienable right to think and speak freely,” and free him to provide excellent counseling to families and young people who seek his counseling.

Tingley isn’t the only counselor looking for his First Amendment rights to be restored in the wake of Chiles.

In May, the Wisconsin Institute for Law & Liberty filed a federal lawsuit on behalf of Terri Koschnick and Joy Buchman, licensed counselors who are challenging the Badger State’s law prohibiting counselors from helping minor clients with unwanted same-sex attraction and sexual identity confusion.

Hopefully, counselors nationwide will soon – thanks to Chiles – be free to help all individuals seeking to live according to a biblical sexual ethic. The Daily Citizen will keep you updated on important developments.

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.

We also offer local referrals for licensed counselors who align with the mission and values of Focus on the Family.

Related articles and resources:

The Supreme Court’s ‘Conversion Therapy’ Ruling: Four Truths You Should Know

Supreme Court Smacks Down Colorado’s ‘Conversion Therapy’ Ban in 8-1 Decision

Supreme Court Declines to Hear Counseling Censorship Case

Judge Dismisses Therapist’s Lawsuit Over Ban on Counseling for Same-Sex Attraction, Gender Identity

Christian Counselor Sues for Right to Talk to Minors About Same-Sex Attraction, Gender Identity Issues

Is Therapy to Leave Homosexuality Damaging? New Review Says, ‘No Proof of Harm’

Therapy Bans Threaten Religious Freedom, Free Speech and Parental Rights

Why We Support Therapy for Unwanted Homosexuality

Photo from Alliance Defending Freedom.