South Carolina Attorney General Alan Wilson has announced his co-leadership of a coalition comprising 11 state attorneys general in a legal effort to safeguard free speech rights for faith-based counselors. The coalition has filed a friend-of-the-court brief in the United States Court of Appeals for the Sixth Circuit, challenging a Michigan law associated with counseling practices.
According to Attorney General Wilson, "The First Amendment protects the right of Americans—including licensed professionals—to speak freely without fear of government censorship." He expressed concerns that Michigan's law imposes significant restrictions on therapists, potentially impacting parental rights and professional liberties.
The legal challenge, titled Catholic Charities v. Whitmer, contests the Michigan statute that prohibits mental health professionals from engaging in practices intended to alter an individual's sexual orientation or gender identity. Violators face substantial fines and risk losing their professional licenses.
In the brief, Wilson, alongside Iowa Attorney General Brenna Bird and other involved attorneys general, contends that the District Court erred in its judgment by categorizing professional speech as conduct, thereby circumventing First Amendment protections. "This case is about more than professional speech," Wilson stated. "It’s about protecting parental rights and ensuring that families have access to counselors who can provide guidance aligned with their values."
The brief also points out inconsistencies with prior decisions from the Eleventh and Third Circuits, which have opposed similar restrictions. It raises concerns over the potential for political ideology to influence professional counseling standards, suggesting that Michigan’s law could lead to further governmental intrusion.
The states participating in this legal action alongside South Carolina and Iowa include Arkansas, Florida, Georgia, Idaho, Kansas, Louisiana, Missouri, Montana, and North Dakota.
For the complete brief, readers are directed to it's online availability.