The Wisconsin Supreme Court is deliberating on a case that could redefine the balance of power between the Legislature and the Governor’s administration while addressing a contentious ban on “conversion therapy” for LGBTQ+ individuals. The court’s decision may have far-reaching implications for LGBTQ+ rights and the separation of powers in the state.
Understanding ‘Conversion Therapy’
“Conversion therapy” is a widely discredited practice aimed at altering an individual’s sexual orientation or gender identity to conform to heterosexual norms or traditional gender roles. Advocates for a statewide ban argue that the practice is harmful and lacks scientific credibility. The Wisconsin professional licensing board classified “conversion therapy” as unprofessional conduct in April 2024, joining 20 states and numerous Wisconsin communities in prohibiting it.
Despite these efforts, enforcement challenges remain. The proposed ban targets licensed mental health professionals but does not extend to religious institutions that may engage in similar practices. Advocates also acknowledge a lack of reliable data on the prevalence of “conversion therapy” within the state, noting that a ban would help establish a mechanism to hold violators accountable.
Legislative Committee’s Role in Blocking the Ban
Efforts to enforce the ban have been stymied twice by Wisconsin’s Joint Committee for the Review of Administrative Rules, a powerful Republican-controlled legislative panel. This committee has the authority to review and suspend state agency regulations.
Governor Tony Evers, a Democrat, has been advocating for the ban since 2020. However, his attempts have consistently been thwarted by the Legislature. Republican legislators argue that the licensing board overstepped its authority in attempting to impose the ban without legislative approval, framing the issue as one of governance rather than policy.
Supreme Court Deliberations: Legislative vs. Executive Authority
The Supreme Court’s review focuses not only on the “conversion therapy” ban but also on broader questions about the separation of powers. The court, now under a 4-3 liberal majority, is tasked with determining whether the legislative committee’s actions are constitutional.
During the hearing, liberal Justice Jill Karofsky expressed strong condemnation of “conversion therapy,” describing the practice as “beyond horrific” and emphasizing the harm it causes to individuals. In contrast, conservative Justice Rebecca Bradley stressed the constitutional authority granted to the Legislature, arguing that the people of Wisconsin never consented to be governed by an “administrative state” rather than their elected representatives.
The Legislature’s attorney, Misha Tseytlin, cited a 1992 Wisconsin Supreme Court ruling that upheld the Legislature’s authority to suspend state agency rules. He warned that overturning this precedent could lead to significant disruption. Governor Evers, however, contends that the legislative committee’s actions amount to an unconstitutional “legislative veto,” undermining the executive branch’s constitutional powers.
Awaiting the Court’s Decision
The Wisconsin Supreme Court’s decision, expected in the coming months, will determine the fate of the “conversion therapy” ban and address the ongoing power struggle between the executive and legislative branches. The ruling has the potential to reshape governance in Wisconsin and influence LGBTQ+ rights, making it a critical moment in the state’s legal and political landscape.
