This week I read that the Wisconsin Institute for Law & Liberty (WILL), on behalf of their client, counselor Joy Buchman, is urging Tony Evers to halt enforcement of a state regulation they argue violates constitutional free speech protections.

At issue is Wis. Admin. Code § MPSW 20.02(25), which classifies certain forms of “conversion therapy” as unprofessional conduct for licensed counselors, therapists, and social workers. Critics say the rule restricts client-driven conversations, particularly those rooted in religious or traditional viewpoints.

WILL contends the regulation mirrors a Colorado law recently struck down by the Supreme Court of the United States in the case Chiles v. Salazar. In that decision, the Court ruled the law constituted unconstitutional “viewpoint discrimination.”

WILL Deputy Counsel Luke Berg said,

“Wisconsin’s rule is materially indistinguishable from Colorado’s statute, and therefore is equally unconstitutional. The governor and his administration should promptly repeal this misguided rule to avoid costly litigation and protect the rights of family counselors across Wisconsin.”

Wisconsin Family Action President Daniel Degner argued the rule limits therapeutic options for youth, while Buchman said,

“Government officials should not be allowed to police the private conversations I have with my clients. They have no right to punish me for saying something they don’t like, and that was confirmed by the Supreme Court a few weeks ago.”

The regulation, enacted in 2025 after prior legislative suspensions, remains in effect statewide. WILL indicated it will pursue legal action, including possible federal litigation, if the Evers administration does not move to repeal the rule.