Christian therapists sue Lincoln over counseling ban carrying possible jail time 

Two Christian therapists recently sued the city of Lincoln, Nebraska, over its so-called conversion therapy ban for minors.

Thomas Dierks and another counselor, who goes by the pseudonym John Doe, filed the federal lawsuit earlier this month. They want a judge to stop the city from enforcing its 2021 counseling ban.

The city’s ordinance prevents providers from helping minors try to change their sexual orientation or so-called gender identity. That includes trying to reduce one’s homosexual attraction or alter their so-called gender expression.

However, that same law allows counselors to go the other way and help people identify as a member of the opposite sex.

Under Lincoln’s city code, the penalty isn’t simply a fine. Those who willfully violate the ban face up to six months in jail and a $500 fine. Each day a violation occurs may count as a separate offense.

Additionally, Lincoln allows a $100 civil penalty for each act – something that can happen multiple times per day. The counselors worry the law could cost them their state licenses.

Dierks is a practicing Catholic. He has more than 27 years of counseling experience. Doe is also a Christian counselor; he works primarily with children and young adults. The two say clients choose their goals, which often involve talk therapy.

“The Supreme Court made clear that the government cannot censor a counselor’s words because it disapproves of the viewpoint they express,” Matt Heffron, senior counsel at Thomas More Society, said in a statement.

The lawsuit also says the law violates parents’ right to direct their children’s upbringing.

Lincoln says the city adopted the ban to protect minors from harm, citing medical groups that oppose attempts to change a person’s sexual orientation or so-called gender identity in this manner.

However, the Supreme Court has already rejected the idea that states can treat a counselor’s words as lacking free speech protection.

In March, Heartlander News reported on the court’s 8-1 ruling in favor of Colorado Christian counselor Kaley Chiles. The court said Colorado’s so-called conversion therapy ban favored one view over the other and sent the case back for further review.

“The First Amendment stands as a shield against any effort to enforce orthodoxy in thought or speech in this country,” Justice Neil Gorsuch wrote.

Thomas More Society represents the Lincoln counselors. It sought a repeal of the city’s policy in April. Its lawyers asked the city to promise not to enforce a ban against talk therapy, but the city never responded.

Similar policies have been gutted elsewhere.

In May, Heartlander News reported that Kansas City, Missouri, repealed a similar ban in a 7-5 vote after facing a lawsuit. That law also included possible jail time.

“Government bureaucrats should not insert themselves into private counseling conversations, much less censor and redirect the exploration of truth on some of the most contentious issues of our day,” the Kansas City lawsuit said.

The Lincoln counselors argue their city’s ban violates free speech and religious freedom. They also say its vague terms make it impossible for counselors to know what they can and can’t say without facing legal repercussions.