The News: The Wisconsin Institute for Law & Liberty (WILL), Wisconsin Family Action, and WILL’s client Joy Buchman are warning Governor Tony Evers and his Administration to immediately cease any enforcement of Wis. Admin. Code. § MPSW 20.02(25), a rule banning consensual, client-driven talk therapy from a perspective the government disfavors. The rule constitutes viewpoint discrimination, similar to the Colorado law recently struck down in Chiles v. Salazar. 

Although the Legislature repeatedly suspended the rule, it was eventually pushed through by the Governor and his administration in 2025. In an 8-1 decision, SCOTUS held that Colorado’s substantively identical law was unconstitutional “viewpoint discrimination,” describing it as the “most blatant” kind of First Amendment violation. 

The Quotes: WILL Deputy Counsel, Luke Berg, stated, “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.” 

President of Wisconsin Family Action, Daniel Degner, stated, “Banning talk therapy doesn’t protect children. It strips away a safe, evidence-based tool available to help kids navigate a deeply difficult season of life. The data clearly shows roughly 90% of children who experience gender dysphoria before puberty will naturally regain comfort with their biological sex if given time and appropriate support rather than being pushed toward irreversible drugs and procedures.” 

WILL Client, Joy Buchman, stated, “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 Rule: The Wisconsin regulation, Wis. Admin. Code § MPSW 20.02(25) purports to declare it “unprofessional conduct” for any Board licensee to “Employ[ ] or promot[e] any intervention or method that has the purpose of attempting to change a person’s sexual orientation or gender identity, including attempting to change behaviors or expressions of self or to reduce sexual or romantic attractions or feelings toward individuals of the same gender.” In effect, the rule prohibits counselors from providing counseling in accordance with a Judeo-Christian sexual ethic, even if the clients share that viewpoint and goal. 

The Board’s regulation applies to professional counselors, marriage and family therapists, and social workers licensed by the Board. 

WILL’s Plan of Action: If the Evers Administration fails to provide written confirmation and commence the repeal of the rule, we will pursue all available legal remedies, including but not limited to filing suit in state and/or federal court seeking declaratory and injunctive relief, nominal damages, and attorney fees. 

WILL is currently representing Joy Buchman in a lawsuit against the City of La Crosse for its own ordinance that mirrors the statewide rule. That case has been pending before the United States District Court for the Western District of Wisconsin for over three years. It has been fully briefed and is awaiting a decision from the District Court. 

Read more: 
Letter, April 2026

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