Evers defends rule forcing therapists to parrot gender ideology

Wisconsin Gov. Tony Evers is doubling down on a policy fight that is now headed back to court. The issue centers on a state rule that critics say pressures licensed therapists to repeat the state’s preferred message on sex and gender.

The dispute picked up again during a Monday Pride Flag Raising event at the State Capitol. Evers, speaking in front of attendees waving rainbow flags, defended his vetoes of Republican-backed bills and said those measures targeted “trans kids” and harmed LGBTQ Wisconsinites.

He also pointed to a June 2021 executive order he signed that banned the use of state and federal money for what his administration calls conversion therapy for children. From there, the state went further. Wisconsin adopted a rule saying it is “unprofessional conduct” for certain licensed counselors and therapists to provide treatment that does not align with gender ideology. That rule took effect last year after a ruling from the state’s liberal Supreme Court.

During his remarks, Evers made clear he has no plans to change course.

“I have no intention of repealing the ban on … conversion therapy on kids. Period. End of story. And no question,” Evers said.

The governor’s comments came after pushback from the Wisconsin Institute for Life & Liberty and Wisconsin Family Action. In an April 14 letter, the conservative groups argued that the rule is “unconstitutional and unenforceable” and closely tracks a Colorado law the U.S. Supreme Court recently struck down.

In Chiles v. Salazar, the court ruled 8-1 that Colorado’s law regulated speech based on viewpoint and that the lower courts did not apply enough First Amendment scrutiny. The decision has put similar state rules under a brighter legal spotlight.

WILL later filed a federal lawsuit on behalf of two state-licensed therapists, saying Wisconsin’s rule is “materially identical” to the Colorado law and amounts to unconstitutional viewpoint discrimination. The group also said the administration refused to back down after being told the rule likely could not survive the Supreme Court’s ruling.

“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,” WILL Deputy Counsel Rebecca 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.”

The case was filed in the U.S. District Court for the Eastern District of Wisconsin.