Wisconsin Gov. Tony Evers has declined a formal request to halt enforcement of a state regulation that critics argue unconstitutionally limits licensed counselors from discussing certain perspectives on sexual orientation and gender identity with minor clients, despite the U.S. Supreme Court’s March 31, 8-1 decision in Chiles v. Salazar.
In a letter sent this week to Daniel Degner, President of Wisconsin Family Council, and referencing the Wisconsin Institute for Law & Liberty, Evers defended Wis. Admin. Code § MPSW 20.02(25). The regulation defines as “unprofessional conduct” any counseling practice that seeks to change a minor’s sexual orientation or gender identity, including talk-only therapy requested by the client or family.
The letter is Evers’ response to a demand from WILL, Wisconsin Family Action, and their client, Joy Buchman, a Christian counselor in La Crosse. The demand cited the Supreme Court’s ruling in Chiles v. Salazar and requested that the Evers administration immediately stop enforcing the rule and initiate repeal proceedings.
Evers’ reply makes no mention of halting enforcement, notifying licensees, or initiating repeal. Instead, it reiterates the administration’s position that the regulation protects minors from what it describes as harmful “conversion therapy” practices.
The Supreme Court held that Colorado’s similar ban on so-called conversion therapy, when applied to talk therapy, constitutes viewpoint discrimination under the First Amendment and is subject to strict scrutiny. The majority opinion, joined by liberal justices Sonia Sotomayor and Elena Kagan, found the law impermissibly favors one side of the debate on sexuality and gender while suppressing the other.
Degner posted an image of Evers’ letter on Facebook, characterizing it as “unhinged” and alleging that the governor is “doubling down on his unconstitutional discriminatory order” to ban counselors from “affirming biological realities.”
The Wisconsin rule remains in effect. It potentially subjects counselors such as Buchman to professional discipline for engaging in client-directed discussions aligned with biological sex, religious beliefs, or efforts to reduce unwanted attractions.
This response from Tony Evers once again puts liberal orthodoxy of enforcing specific viewpoints over parental rights and professional licensing. Wisconsin does not have a statewide legislative ban on conversion therapy, but the administrative rule has been used to restrict speech in licensed counseling settings.
