Wisconsin Supreme Court Paves the Way for Historic Ban on Conversion Therapy: What It Means for Mental Health and LGBTQ+ Rights

MADISON, Wis. — The Wisconsin Supreme Court recently ruled to allow a ban on conversion therapy, shifting more power to the governor in how state laws are put into effect. This ruling came after a Republican-led committee rejected a state agency rule designed to protect LGBTQ people from this discredited therapy.

The court’s decision wasn’t just about conversion therapy; it signaled a broader change in the balance of power between the governor and the Legislature. With a 4-3 decision, the liberal-controlled court emphasized that lawmakers cannot simply block rules enacted by the governor’s office.

What Is Conversion Therapy?

Conversion therapy aims to change a person’s sexual orientation or gender identity, but it’s been scientifically discredited. According to the Movement Advancement Project, 23 states plus Washington, D.C., have banned this practice. In Wisconsin, some communities have already prohibited it, and since April 2024, conversion therapy has been labeled unprofessional conduct by the state’s licensing board for therapists.

The U.S. Supreme Court is also set to hear a case about whether local governments can enforce similar bans on conversion therapy for minors.

What’s Happening in Wisconsin?

Republicans in Wisconsin’s Legislature had blocked the conversion therapy ban several times through their powerful committee. The Supreme Court ruling means the ban can finally be enacted, as it found that the committee exceeded its authority. Governor Tony Evers has been trying to push this ban since 2020, but the Legislature has stymied his efforts.

Supporters of the Legislature argue that their focus isn’t on the merits of the ban but rather on whether the licensing board had the right to enforce it.

Legislative Power Shift

The court ruled that blocking the governor’s rules violates the Wisconsin Constitution, which demands that laws be passed by both legislative houses and then presented to the governor. Chief Justice Jill Karofsky pointed out that the Legislature was taking actions that shouldn’t be theirs to claim.

In dissent, Conservative Justice Brian Hagedorn criticized the ruling for lacking legal clarity. He and other dissenting justices expressed concerns that this shifts too much power to the executive branch.

Broader Implications Beyond Conversion Therapy

This ruling has larger ramifications. The legislative committee has hindered various regulations affecting environmental protections, vaccination requirements, and public health measures. Environmental organizations celebrated the decision, stating it will help protect valuable resources without the obstructions posed by a few lawmakers.

Similar court decisions have previously supported Evers, reinforcing that legislative committees cannot block necessary state functions like funding for environmental projects.

Final Thoughts

This ongoing battle in Wisconsin mirrors a national struggle over LGBTQ rights and legislative power dynamics. As more states examine the legality and ethics of conversion therapy, the implications of this ruling will likely shape future legal debates and policies nationwide.

For further insights on LGBTQ rights and state regulations, check out the Movement Advancement Project.

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