A Wisconsin legislative committee controlled by Republicans violated the state constitution when it rejected a state agency rule to ban conversion therapy practices, the Wisconsin Supreme Court ruled Tuesday, clearing the way for the state to enforce the rule and blunting the Legislature\u2019s power to block state regulations. <\/p>\n
The Wisconsin Legislature\u2019s powerful Joint Committee for Review of Administrative Rules (JCRAR), responsible for approving state agency regulations, had twice rejected a Wisconsin state licensing board\u2019s rule to ban conversion therapy, a discredited practice that aims to change a person\u2019s sexuality or gender identity. <\/p>\n
Democratic Gov. Tony Evers, who barred state and federal funds from being used for conversion therapy in a 2021 executive order, sued Wisconsin\u2019s GOP-controlled Legislature<\/a> in 2023 for obstructing \u201cbasic government functions.\u201d The lawsuit targets the joint committee\u2019s vote on the conversion therapy rule and a separate rule to update commercial building standards. <\/p>\n Evers argued that JCRAR\u2019s actions amounted to unconstitutional \u201clegislative vetoes,\u201d which he said collapsed the state\u2019s powers \u201cinto a single branch of government\u201d and circumvented \u201cthe constitutional lawmaking procedures of bicameralism,\u201d by which a bill must pass through both the state House and Senate, and presentment to the governor. <\/p>\n An attorney for the Legislature stated during oral arguments in January that the rules committee\u2019s actions provided lawmakers with a \u201cgrace period\u201d to review the policy within their constitutional role. <\/p>\n Republicans in the state Legislature have said their votes to suspend the rule are based on a belief that the rule limits the freedom of speech and religion of mental health providers, not opposition to the rule itself. <\/p>\n In a 4-3 decision<\/a> on Tuesday, the Wisconsin Supreme Court sided with Evers, ruling that JCRAR cannot pause, object to or suspend a rule\u2019s implementation without legislation. <\/p>\n \u201cThe challenged statutes empower JCRAR to take action that alters the legal rights and duties of the executive branch and the people of Wisconsin. Yet these statutes do not require bicameralism and presentment,\u201d the court\u2019s liberal majority wrote in its ruling. \u201cTherefore, we hold that each of the challenged statutes … facially violates the Wisconsin Constitution\u2019s bicameralism and presentment requirements.\u201d <\/p>\n The decision clears the way for the state to enact the conversion therapy ban, though it was not immediately clear when the rule would take effect. <\/p>\n \u201cFor years, a small group of Republican lawmakers overstepped their power, holding rules hostage without explanation or action and causing gridlock across state government,\u201d Evers said in a statement<\/a> on Tuesday. \u201cIt\u2019s pretty simple \u2014 a handful of Republican lawmakers should not be able to single-handedly and indefinitely obstruct state agencies from doing the people\u2019s work.\u201d <\/p>\n \u201cEnsuring that the Legislature is held accountable for following the law and our state\u2019s constitution is a victory for the people of Wisconsin,\u201d he said about the state Supreme Court\u2019s decision. <\/p>\n The high court will maintain its liberal majority when Justice-elect Susan Crawford takes office in August, replacing retiring Justice Ann Walsh Bradley. Crawford won a contentious race<\/a> for Bradley\u2019s seat in April, in the most expensive judicial election in U.S. history. <\/p>\n