The Wisconsin Institute for Law & Liberty filed a federal lawsuit Wednesday against Gov. Tony Evers’ administration, alleging that a state administrative rule banning Christian counselors from offering consensual, client-requested talk therapy based on traditional biblical views of sexuality and gender identity violates the First Amendment.
The suit, filed in U.S. District Court for the Eastern District of Wisconsin, names Evers, Department of Safety and Professional Services Secretary Dan Hereth, and members of the Wisconsin Marriage and Family Therapy, Professional Counseling, and Social Work Examining Board as defendants. The plaintiffs, licensed counselors Terri Koschnick of Oconomowoc and Joy Buchman of La Crosse, incorporate their Christian faith into client-directed therapy.
At issue is the Wisconsin Administrative Code, which defines as “unprofessional conduct” any counseling intervention or method intended to change a person’s sexual orientation or gender identity, even when clients or families voluntarily seek it out. WILL argues the rule amounts to unconstitutional viewpoint discrimination, allowing secular or affirming perspectives while punishing those rooted in religious convictions.
The lawsuit follows the U.S. Supreme Court’s March 31 decision in Chiles v. Salazar, an 8-1 ruling that struck down an identical Colorado ban on conversion therapy for talk therapy as viewpoint discrimination under the First Amendment. Justices Sonia Sotomayor and Elena Kagan joined the majority.
Following the Supreme Court decision, WILL, Wisconsin Family Action, and client Buchman sent a demand letter to Evers urging the administration to immediately cease enforcement of the Wisconsin rule and initiate repeal proceedings. Evers’ office refused, defending the regulation is necessary to protect minors from what it described as harmful “conversion therapy” practices and accused the groups of “bullying” LGBTQ children and Wisconsinites.
WILL Deputy Counsel Rebecca Furdek described the state’s refusal as “a blatant refusal to follow the Supreme Court holding, along with inflammatory, baseless rhetoric.” The rule took effect last summer and subjects violators to potential professional discipline.
The Heartland Post previously reported that Evers’ response doubled down on enforcing the ban despite the Supreme Court’s clear directive, prompting WILL to move forward with litigation. The lawsuit seeks a court order declaring the rule unconstitutional and permanently enjoining its enforcement.
