Wisconsin Governor's Therapy Ban Violates Supreme Court Ruling and Free Speech Rights
Source: Shawn Fleetwood. "Evers Doubles Down On Forcing Therapists To Lie About Sex." June 3, 2026. thefederalist.com
The Gist
The author argues that Wisconsin's governor is breaking the law by keeping a ban on certain therapy for confused kids, even though the Supreme Court just ruled a nearly identical ban in Colorado was unconstitutional. The governor was told about this ruling but refuses to change the Wisconsin rule.
Conclusion
Wisconsin Governor Tony Evers is unlawfully defying a Supreme Court ruling by maintaining a ban on therapists providing certain counseling to gender-confused children
Premises
- The U.S. Supreme Court ruled 8-1 in Chiles v. Salazar that Colorado's prohibition on therapists counseling gender-confused kids violates the First Amendment as viewpoint discrimination
- Wisconsin's regulation is 'materially identical' to the Colorado law that was struck down by the Supreme Court
- Conservative groups WILL and Wisconsin Family Action formally notified Evers that his rule mirrors the unconstitutional Colorado statute
- Despite being informed of the Supreme Court ruling, Evers explicitly stated he has 'no intention of repealing the ban' and will maintain it
- The Wisconsin rule prohibits state-licensed therapists from providing therapy that challenges gender ideology, forcing them to adopt an 'affirmation only' approach
Assumptions
- Supreme Court rulings create binding precedent that state governors must follow
- Laws that are 'materially identical' to struck-down statutes are equally unconstitutional
- Therapists have a First Amendment right to provide counseling based on their professional judgment
- The Wisconsin regulation constitutes the same type of viewpoint discrimination as the Colorado law