Nebraska Therapists Sue City Over Ordinance Banning Counseling on Biological Sex

Christian counselors are suing the city of Lincoln, Nebraska, over an ordinance they contend prohibits them from helping minors who seek to become comfortable with their biological sex or address unwanted same-sex attraction. The Thomas More Society, representing the counselors, argues the ordinance amounts to government "viewpoint discrimination" by permitting therapy that supports gender transition but forbidding counsel that reinforces biological sex.

According to Matt Heffron, Senior Counsel at Thomas More Society, the ordinance could lead to therapists facing investigations, misdemeanor charges, fines up to $500, civil penalties of $100, and the potential loss of professional licenses or credentials. Heffron stated that the government is policing speech by allowing certain viewpoints in therapy while disallowing others.

A nearly identical ordinance in Colorado was previously found unconstitutional by the Supreme Court in the case of Chiles v. Salazar. The Eighth Circuit has also reached similar conclusions in cases involving Kansas City.

Heffron explained that the ordinance's restrictions prevent counselors from assisting minors who may be questioning their sexual orientation or gender identity for religious or other personal reasons. "It's awful, it's cruel to tell those children they can't be helped," Heffron said, adding that the ordinance appears to permit counselors to guide minors toward gender transition, including medical interventions, but not toward accepting their biological sex or same-sex attraction.

Thomas More Society had previously requested that Lincoln repeal the ordinance or agree not to enforce it. After the city declined and ceased responding, the lawsuit was filed.

Representatives for the city of Lincoln, including Jamie Reyes, director of the Lincoln Commission on Human Rights, stated that they do not comment on pending litigation.