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, 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. In the 8-1 ruling, the court held that Colorado's law, as applied to talk therapy, regulated speech based on viewpoint and required more rigorous scrutiny. The majority said the law allowed counselors to affirm a minor client's sexual orientation or gender identity, while barring counseling aimed at helping a client change those feelings or identity.
Koschnick, a licensed marriage and family therapist, and Buchman, a licensed professional counselor, say they provide faith-based talk therapy to clients who voluntarily seek counseling consistent with their religious beliefs. Their lawsuit argues the Wisconsin rule violates their First and Fourteenth Amendment rights by regulating their speech and penalizing them for their religious views. The complaint also argues the rule is vague and unenforceable.
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WILL is asking the court to declare the Wisconsin rule unconstitutional and block state officials from enforcing it.
WILL deputy counsel Rebecca Furdek said the Evers administration was notified about the group's viewpoint discrimination concerns after the Supreme Court ruling but refused to change course.
"Wisconsin's rule is materially indistinguishable from Colorado's statute held to be viewpoint discrimination by SCOTUS. When we notified the Evers administration of this fact, we were met with a blatant refusal to follow the Supreme Court holding, along with inflammatory, baseless rhetoric accusing WILL of 'bullying' children and Wisconsinites," Furdek said in a statement. "However, Wisconsin counselors have every right to provide Christ-centered talk therapy to the clients who seek them out for that type of counseling."
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In a May 5 letter responding to WILL and Wisconsin Family Action, Evers said his administration had "no intention of repealing Wisconsin's conversion therapy ban" and argued the groups' demand relied on "a significant misreading" of the Supreme Court's ruling. Evers said the practice is "at best, ineffective and, at worst, dangerous," according to the Wisconsin Examiner.
At the time of the Chiles ruling, about two dozen states and Washington, D.C., had laws similar to Colorado's in place.
Evers' office did not immediately return Fox News Digital's request for comment.
Fox News' Michael Dorgan contributed to this report.
