U.S. District Court Orders a Florida City and County to Pay Damages for Violating First Amendment Rights

U.S. District Court Orders a Florida City and County to Pay Damages for Violating First Amendment Rights

As radical gender ideology continues to spread throughout health care in the U.S., the left is taking aim at practices that stand in its way while disregarding First Amendment freedoms and the needs of people. 

Currently, 20 states have banned the intentionally misnamed “conversion therapy,” which is actually just the practice of providing counseling to help individuals with same-sex attraction or gender confusion reorient in synch with their God-given sexuality. However, the name “conversion therapy” – a misnomer much like “reproductive health care” in relation to abortion – is intentionally used by the left to conjure up images of patients being effectively tortured, badgered, or bullied into renouncing homosexual interests or abandoning transgenderism.

Banning counseling efforts to guide a patient through struggles with their sexual orientation is a direct violation of free speech, freedom of religion, and patients’ freedom to seek the treatment they want. It also threatens parents’ rights to direct the mental health care and education of their children. 

Some on the left are even attempting to expand the definition of “conversion therapy” to include any form of opposition to homosexuality and transgenderism. Doing so could criminalize even private conversations in which individuals advocate for abstinence from homosexuality or Biblical sermons on God’s design for human sexuality. 

Those struggling with any mental health problem need guidance rooted in Truth and reality, not in lies rooted in the baseless religion of progressivism.

Despite the lack of data regarding the psychological ramifications of the “gender-affirming” approach, and the growing body of evidence that this method doesn’t remedy mental health problems, the left wants “affirmation” to be the only therapy available to struggling minors. 

Thankfully, a U.S. district court has ordered the city of Boca Raton, Florida, to pay a combined $75,000 in damages to two therapists, while also ordering Palm Beach County to pay a fine of $100,000 for passing so-called “conversion therapy” bans for minors seeking help with unwanted homosexual attraction. 

Boca Raton and Palm Beach County passed laws prohibiting conversion therapy for minors in 2017. The two plaintiffs, marriage and family therapists Robert Otto and Julie Hamilton, filed lawsuits arguing that their therapy was voluntary and focused on reducing unwanted homosexual attraction rather than changing the client.

Liberty Counsel, which represented the plaintiffs, said in a statement that the judge’s order sets a “precedent that minors who are struggling with gender confusion can get the help they need from counselors who are free from political censorship” and it should “be a warning to any government that has not repealed similar counseling bans.” 

Several municipalities in Wisconsin have audaciously enacted these bans that blatantly violate counselors’ First Amendment freedoms and rob confused minors of the real help and hope they need. Hopefully, these local governments in our state pay attention to this case and reverse course.

As Christians, obeying God and loving our neighbor require us to call out sin and point one another to God’s Word. The left has no right to stand in the way of our allegiance to God with laws enforcing anti-Christian beliefs about gender and sexuality. Please pray that this case is the first of many victories when it comes to restoring religious liberty and free speech in mental health care and the Wisconsin communities where these bans have been enacted will indeed do the right thing and revoke such policies.

 

Wisconsin School Counselor Under Investigation for Speaking out Against Transgenderism

Wisconsin School Counselor Under Investigation for Speaking out Against Transgenderism

Milwaukee Public Schools (MPS) counselor Marissa Darlingh spoke at a feminist rally at the Wisconsin State Capitol in April. During her speech, Darlingh claimed that she “oppose[s] gender ideology” in schools and that children should not be “exposed to the harms of gender identity ideology” or given “unfettered access to hormones—wrong-sex hormones—and surgery.”

She went on to argue that she “exist[s] in this world to serve children” and “to protect children,” and therefore opposes the social or medical transition of children. At one point, she said “[expletive] transgenderism.”

On April 29, the Wisconsin Department of Public Instruction (DPI) informed Darlingh that she was under investigation to determine whether she could keep her educator license because she engaged in “immoral conduct” at the rally. A letter sent to Darlingh cites her use of profanity as well as her statements “oppos[ing] gender identity ideology from entering [her] school building” and her claim that she “do[es] not believe children should have access to hormones or surgery” as examples of her “immoral conduct.”

DPI is violating the First Amendment. Darligh has the right to speak out against gender ideology without fear of losing her job. Thankfully, the Wisconsin Institute for Law and Liberty is standing up for her.  

WILL sent a letter to DPI reminding the agency of Darlingh’s First Amendment rights. The counselor’s speech was on a Saturday, outside of school, and she spoke out as a private citizen. Further, state law clearly defines “immoral conduct” as conduct, not speech.

WILL has threatened to file a First Amendment lawsuit in federal court if the DPI attempts to revoke Darlingh’s license.

We need more school teachers and staff to speak out against gender ideology as it is being injected into lessons and feeding children with harmful lies. However, educators can only protect children if their First Amendment rights are respected.

This case sets an important precedent. State agencies have no right to control the speech of anyone, especially speech at a public rally on an employee’s own time. If the agency does revoke Darlingh’s license, it will be sending a dangerous message to the rest of Wisconsin school employees—that their public expressions must align with the agency’s ideology, or there will be consequences.

Further, this case should concern every American, as an attack on free speech anywhere is an attack on free speech everywhere. We are seeing our right to free speech diminish as more and more government agencies and companies crack down on speech they disapprove of.

To restrict the freedom of God’s creation is to violate God’s design. Please pray that WILL’s efforts to protect free speech are successful and that God will raise up godly school personnel who will not be afraid to speak up and truly act in the best interest of the children in their care.

WFA also wants to remind everyone that education freedom is alive in Wisconsin through the multiple educational options we have.