Christian therapists in Lincoln, Nebraska, are suing their city due to a law that opposes counseling clients who seek their help with sexual orientation or gender identity. Under the ordinance, Chapter 11.09 and Section 11.01.010 of Lincoln’s municipal ordinances, the practice of “conversion therapy” for LGBT-identified minors is banned and carries a maximum 6 month sentence.
In addition, the ordinance threatens “severe sanctions, including jail time, substantial fines, suspension from practice and loss of professional licenses for each instance of using words in therapy outlawed by the ordinance.”
The complainants are licensed therapists Thomas Dierks and a second counselor identified only as John Doe. The pair filed a lawsuit against the city last week in the district court in the U.S. District Court for the District of Nebraska.
The complainants argue that the ordinances are not clear enough on instructing therapists what they are allowed to do. In addition, they say that they violate the free speech protections that are available under the First Amendment.
“Among a wide range of clients and issues, Plaintiffs have counseled minors about issues of gender identity and sexual attractions and behaviors. Plaintiffs’ clients look to them for support in their lives, which at times can include pursuing meaningful and positive change, including if desired, changes in gender identity and sexual attractions and behaviors,” the lawsuit argued, “All of these therapies are extremely sensitive and private conversations. In passing the Ordinance and refusing now to repeal it, Lincoln governmental officials seek to insert themselves into the privacy of Plaintiffs’ counseling rooms and to censor Plaintiffs’ discussions with and exploration of certain ideas initiated at the requests of their young clients.”
Meanwhile, senior counsel at the Chicago-based Catholic law firm, Thomas More Society, Matt Heffron, is representing the therapists. He highlighted in a statement that the Supreme Court has been transparent in its law that the government cannot censor a therapist’s words because it does not agree with the viewpoints they express.
“When a child reaches out for help, Lincoln’s ordinance takes away the trusted adult he turned to and leaves him only one government-approved answer,” he added. “The Supreme Court made clear that the government cannot censor a counselor’s words because it disapproves of the viewpoint they express.”
According to The Christian Post, a Lincoln city spokesperson said the ordinance was passed in February 2021, stating that “The City Attorney’s Office has not yet filed an official response.”
