MADISON –Today, the Wisconsin Supreme Court held oral arguments on Tony Evers v. Howard Marklein. While the case argues broader separation of powers issues relating to the Joint Committee for Review of Administrative Rules, one specific rule Gov. Evers and his liberal colleagues are trying to force through without legislative oversight concerns the topic of gender identity and professional conduct for licensed therapists and counselors.
A historical reminder of how this case arrived before the court is required to fully understand how far some will go to undermine the rule of law in this state:
Since 2017, Democrats have repeatedly failed to pass legislation that would ban licensed counselors from helping patients by kindly pointing them to the truth of their biological realities instead of harming those struggling with gender dysphoria by affirming the individual’s gender dysphoria. Instead under the misleading terminology of “conversion therapy,” liberals have resorted to the unconstitutional use of administrative rules to bypass the Legislature. In 2020, the Marriage and Family Therapy, Professional Counseling, and Social Work Examining Board adopted rules mirroring the rejected bills, effectively making it unethical for mental health professionals to disagree with a patient’s self-assessment of gender identity. These actions not only undermine the legislative process but also wrongly equate legitimate counseling with “conversion therapy.”
Daniel Degner, Wisconsin Family Action president states,
“Legislative oversight is a fundamental check and balance to ensure the executive branch and administrative bureaucracy complies with the constitution, statutory authority, and legislative intent.”
“Wisconsin Family Action opposes unethical conduct and abuse in any form, but this rule does not address that issue. Rather, the state is hypocritically coercing mental health professionals about what kinds of private conversations they can have. Counselors should not be restricted in their free speech, including discussing biological realities in the best interest of patients. Likewise, Christian counselors and clients should be free to uphold biblical convictions on sexuality without facing religious discrimination. As an organization, we support freedom of speech, a biblical sexual ethic, and the rights of Christians to seek mental health guidance aligning with biblical principles.”
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