Tipsheet

The Wisconsin Institute for Law & Liberty Just Sued the State Over Its Conversion Therapy Ban

Last week, Wisconsin's Democratic Governor Tony Evers told the Wisconsin Institute for Law & Liberty (WILL) and the Wisconsin Family Council that they were "bullying" LGBTQ+ kids after the organizations reached out to the state in the wake of the U.S. Supreme Court's ruling on Colorado's ban on talk-based conversion therapy. In that 8-1 ruling, the Supreme Court held that Colorado's ban was unconstitutional and ordered lower courts to apply strict First Amendment scrutiny to cases involving the issue, but it did not outright overturn the ban.

The letter was rude, nasty, and unbecoming of a sitting governor. But Evers is leaving office at the end of this term, so it's clear he's fine with letting the mask slip. WILL's Dan Lennington called Evers' letter "shocking."

"It is disappointing your right-wing advocacy organization wasted no time enthusiastically taking up the mantle to restore a long-disavowed and outdated practice that decades of scientific and medical research has demonstrated is, at best, ineffective and, at worst, dangerous because it substantially increases the risks for depression, suicidality, substance use, post-traumatic stress, and anxiety, among a variety of other harmful impacts. Surely, the harmful effects of conversion therapy should have compelled the Wisconsin Institute for Law & Liberty and Wisconsin Family Action not to pursue this effort," Evers wrote. "On the other hand, this should come as no surprise. After all, bullying LGBTQ kids and Wisconsinites seems to be an important goal for Wisconsin Institute for Law & Liberty and Wisconsin Family Action."

Evers, of course, supports "gender-affirming care" for minors — many who are gender non-conforming gays and lesbians — but opposes Christian therapists from talking about sexuality and gender identity with patients.

WILL did not take Evers' nasty letter sitting down. They filed a suit against the state's ban on talk-based conversion therapy.

"Despite the 8-1 decision, the Evers’ admin is doubling down on an identical Wisconsin law that discriminates against faith-based counselors. Today, we’re taking them to court," the organization wrote on X.

Here's more:

A Wisconsin rule restricting "conversion therapy" is being challenged in federal court by two Christian counselors who say the regulation is unconstitutional and violates their First Amendment rights.

Counselors Terri Koschnick and Joy Buchman, represented by the Wisconsin Institute for Law & Liberty (WILL), filed a federal lawsuit against Gov. Tony Evers’ administration, seeking to overturn a state regulation that deems it "unprofessional conduct" for a licensed counselor, social worker or marriage and family therapist to employ or promote an intervention or method "that has the purpose of attempting to change a person’s sexual orientation or gender identity."

The lawsuit argues the Wisconsin rule is "materially identical" to a Colorado law challenged in Chiles v. Salazar, a recent U.S. Supreme Court case involving a Christian counselor’s First Amendment challenge to restrictions on counseling related to sexual orientation and gender identity.

The lawsuit faces an uphill challenge in Wisconsin's courts, which skew left-leaning, including the Wisconsin Supreme Court.

The Left says abortion and "gender-affirming care" are decisions left to the patient and their doctor. But that same standard should apply to patients and counselors, too. If a gay patient wishes to undergo talk-based therapy for his sexual orientation, the state should not be able to prohibit those discussions from taking place.