Flanked by state Sen. Mark Spreitzer (D-Beloit) and state Rep. Lee Snodgrass (D-Appleton), Rep. Christian Phelps (D-Eau Claire) outlines a joint resolution for Pride Month, (Screenshot/WisEye)

Wisconsin Democratic lawmakers are circulating four draft bills and two joint resolutions to address issues of discrimination against members of the lesbian, gay, trans and queer community.

The package was announced just before  Pride Month begins on June 1.

“We celebrate the history of the LGBTQ+ movement and the future of our population, and I can’t think of a more important time to do that,” said Rep. Christian Phelps (D-Eau Claire), at a Capitol press conference Thursday. “Meanwhile in Washington the Trump administration and Republicans here in Wisconsin are engaging in rhetoric and political activity that seeks to erase LGBTQ+ people and target us …  the goal in that rhetoric and in that movement is to make us feel alone.”

Embracing diversity and joining with  allies give the community strength, Phelps said.

“Everybody who is not themselves a member of the LGBTQ+ community knows and loves at least one person in the community. And I think when they shut out all the noise and look inside, they know that they want the best for that person or those people,” Phelps said.

In addition to a joint resolution embracing Pride Month, the Equality Agenda legislation includes measures to:

• Update various Wisconsin laws pertaining to married couples, including laws on adoption and on in vitro fertilization, to ensure they apply to same-sex couples.
• Prohibit “conversion therapy” aimed at changing a minor’s sexual orientation or gender identity and subjecting licensed professionals who practice it to professional discipline.
• Bar the use of a “gay or trans panic” as a defense by persons accused of crimes.
• Provide grants for training school counselors and social workers on LGBTQ+ rights.

Also part of the package is a proposed amendment to the Wisconsin Constitution that would repeal the 2006 amendment declaring marriage to be only between one man and one woman.

The amendment preventing the state from legally recognizing same-sex marriages remains on the books although it was overridden by the 2015 U.S. Supreme Court ruling legalizing same-sex marriage across the country.

“With the 20th anniversary of Wisconsin’s constitutional amendment that banned marriage equality coming up next year,” said Sen. Mark Spreitzer (D-Beloit), chair of the Legislature’s LGBTQ+ Caucus. “It is long past time to give voters the chance to remove that discriminatory language from our constitution.”

The Wisconsin Supreme Court heard arguments Thursday over whether a Republican-controlled legislative committee’s rejection of a state agency rule that would ban the practice of “conversion therapy” for LGBTQ+ people was unconstitutional.

The challenge comes amid the national battle over LGBTQ+ rights. It is also part of a broader effort by the Democratic governor, who has vetoed Republican bills targeting transgender high school athletes, to rein in the power of the GOP-controlled Legislature.

Here are things to know about the case:

What is ‘conversion therapy’?

So-called “conversion therapy” is the scientifically discredited practice of using therapy to “convert” LGBTQ+ people to heterosexuality or traditional gender expectations.

The practice has been banned in 20 states and in more than a dozen communities across Wisconsin. Since April 2024, the Wisconsin professional licensing board for therapists, counselors and social workers has labeled “conversion therapy” as unprofessional conduct.

Advocates seeking to ban the practice want to forbid mental health professionals in the state from counseling clients with the goal of changing their sexual orientation or gender identity.

Fair Wisconsin, the only statewide LGBTQ+ civil rights and political advocacy organization, has heard about “conversion therapy” happening across the state, said the group’s executive director, Abigail Swetz.

However, accurate data about how often it is happening is hard to come by, she said. There would be some data if the ban is enacted and the state is able to take action against licensed practitioners, but that wouldn’t include attempts at “conversion therapy” made by religious institutions, Swetz said.

What is happening in Wisconsin?

The provision barring “conversion therapy” in Wisconsin has been blocked twice by the Legislature’s powerful Joint Committee for the Review of Administrative Rules — a Republican-controlled panel in charge of approving state agency regulations.

The case before the liberal-controlled Wisconsin Supreme Court will determine whether the ban survives. The court will also determine if that legislative committee has been overreaching its authority in blocking a variety of other state regulations during Democratic Gov. Tony Evers’ administration.

The lawsuit brought by Evers targets two votes by the joint committee. One deals with the Department of Safety and Professional Services’ “conversion therapy” ban. The other vote blocked an update to the state’s commercial building standards.

Republicans who supported suspending the “conversion therapy” ban have insisted the issue isn’t the policy itself, but whether the licensing board had the authority to take the action it did.

Evers has been trying since 2020 to get the ban enacted, but the Legislature has stopped it from going into effect.

Justices question how far legislative power goes

Liberal Justice Jill Karofsky focused on the “conversion therapy” rule, calling the practice “beyond horrific.”

“There are real lives that are at risk here,” she said. “This is hurting people.”

Other justices focused on whether the Legislature or the governor has the power to issue administrative rules.

The Legislature’s attorney Misha Tseytlin said decades of precedent are on his side, including a 1992 Wisconsin Supreme Court ruling upholding the Legislature’s right to suspend state agency rules. Overturning that ruling would be deeply disruptive, he argued.

Evers, in arguing that the ruling should be overturned, said in court filings that by blocking the rule, the legislative committee is taking over powers that the state constitution assigns to the governor. The 1992 ruling conflicts with the constitution and has “proved unworkable,” Evers said.

Conservative Justice Rebecca Bradley said the state constitution clearly gives the power to the Legislature.

“Nowhere do I see that the people ever consented to be governed by an administrative state instead of their representatives in the Legislature,” she said.

The issue goes beyond ‘conversion therapy’

The “conversion therapy” ban is one of several rules that have been blocked by the legislative committee. Others pertain to environmental regulations, vaccine requirements and public health protections.

Evers argues in the lawsuit that the panel has effectively been exercising an unconstitutional “legislative veto.”

The court sided with Evers in one issue brought in the lawsuit, ruling 6-1 in July that another legislative committee was illegally preventing the state Department of Natural Resources from spending money on a land stewardship program.

The issue related to state regulations was broken out and heard Thursday.

The court, controlled 4-3 by liberal justices, will issue a written ruling in the coming months.

Wisconsin Watch is a nonprofit and nonpartisan newsroom. Subscribe to our newsletter to get our investigative stories and Friday news roundup. This story is published in partnership with The Associated Press.

Wisconsin Supreme Court scrutinizes ‘conversion therapy’ ban, separation of powers is a post from Wisconsin Watch, a non-profit investigative news site covering Wisconsin since 2009. Please consider making a contribution to support our journalism.