Wisconsin Supreme Court considers argument over “conversion therapy” ban

The state’s high court on Thursday heard arguments over whether a legislative committee can veto state agency rules. Democratic Gov. Tony Evers in 2023 filed a lawsuit claiming Republican legislators violated the state constitution by stopping a ban on so-called conversion therapy and an update to the state’s commercial building standards. In a legal brief, Evers argued the Republican-controlled Joint Committee for Review of Administrative Rules illegally blocked the Department of Safety and Professional Services from enacting both changes. The court in July sided with Evers on a similar issue, saying the state’s budget committee violated the constitution when it blocked funds for land stewardship projects.

So, what was said in court? In oral arguments on Thursday, Gov. Tony Evers’ attorney Charlotte Gibson asked the court to overrule precedence and current government practice based on constitutional grounds. Misha Tseytlin, a lawyer for the respondents including Sen. Howard Marklein, argued that the legislature had the constitutional authority to temporarily suspend an administrative rule, and emphasized that the rule wasn’t a law passed by bill. In one question, Justice Brian Hagedorn said the case was a consequential one for how the government operates.

What is the “conversion therapy” ban? The Wisconsin chapter of the National Association of Social Workers has for years tried to ban therapy that aims to help people who are experiencing unwanted same-sex attraction. The state board that licenses mental health professionals in 2020 introduced a rule to prohibit practitioners from using the technique. Evers has backed the ban. Republican lawmakers at the committee level in 2021 and 2023 blocked the rule from taking effect. At least 20 states currently ban the practice.

Dig deeper: From the archive, read Juliana Chan Erikson’s report in World Magazine about states attempting to ban the therapy.