KANSAS CITY (BP) — A federal lawsuit filed on behalf of two Christian counselors could have far-reaching implications for religious freedom and parental rights, say attorneys for the plaintiffs.
Ordinances passed in 2019 and 2023 by Kansas City and Jackson County, respectively, prohibit “conversion therapy” of minors. This a violation of free speech, the suit contends, by preventing the plaintiffs from offering biblical counsel regarding sexuality.
Pamela Eisenreich and Wyatt Bury operate in the Kansas City area and say in the lawsuit that the ordinances have prohibited them from sharing facets of care in line with their Christian beliefs to juveniles regarding issues of gender confusion or same-sex attraction. Those clients are often brought by parents whose Christian faith aligns with those of Eisenreich and Bury and are seeking counsel from them largely for that reason.
The cost of violating the ordinances could be fines up to $1,000 “or even jail time,” attorney Michael Whitehead said in a report posted by the Missouri Baptist Convention’s (MBC) Pathway.
The same ordinances state that the definition of conversion therapy does not include “counseling that provides support and assistance to a person undergoing gender transition.”
The plaintiffs’ lawyers say this creates a clear differentiation between whose speech is protected and whose is not.
“Licensed counselors holding a biblical worldview should be free to help young people pursue the counseling goals they desire – whether that means embracing their biological sex or working through unwanted same-sex attraction,” attorney Jonathan Whitehead said. “The government has no business censoring those conversations.”
Alliance Defending Freedom attorneys claim Kansas City and Jackson County are “pushing children to reject biological reality.”
“These ordinances prohibit counselor-client conversations that explore the truth about a child’s sex but allow conversations that push children to live inconsistent with their sex and disfigure their bodies with transition procedures,” they said.
Missouri Attorney General Andrew Bailey has also joined the lawsuit on behalf of the state.
“Our children have a right to therapy that allows for honest, unrestricted conversations, free from transgender indoctrination,” he said. “These ordinances represent a dangerous overreach, forcing children and counselors to conform to a radical transgender agenda. I will not stand by while Jackson County violates Missourians’ constitutional rights to free speech and religious liberty.”
The outcome of the case would factor in a growing national discussion about parental rights.
Two weeks ago Washington became the 24th state to add a Parents’ Bill of Rights, adding to a growing list of such measures that give parents more say in the curriculum taught in public schools as well as notifications if their child exhibits questions or actions related to identification of the opposite gender.
The case is slightly different in Washington, though. It is only the second of those states to pass such a bill where Democrats hold a trifecta of the governorship, state house and state senate. Two Democrat-sponsored bills to be presented this summer would fundamentally change the intention of the law, say Republicans.
A letter issued in March 2023 by the MBC’s Christian Life Commission addressed the Jackson County ordinance, saying it “will infringe on parental rights by effectively limiting legal guardians’ medical and counseling options for their minor children.”
Eisenreich has had to self-censor during sessions and avoid critical conversations with clients to comply with the law, The Pathway reported. Bury, who holds a Master of Arts in Counseling from Midwestern Seminary, added that parents have contacted him specifically because of his deeply-held views on sexuality. He has had to decline those appointments because it would violate the current counseling laws.
“The counseling bans deprive youth in Kansas City and Jackson County of safe, desired, and helpful therapies,” he said. “Depriving therapy to those who need it is ultimately harmful.”
The case has been filed in the U.S. District Court for the Western District of Missouri.
Related posts:
‘Constitution allows’ cross in public park, city says 
U.S. religious freedom post filled Moore spearheads evangelical marriage statement 
Civil rights probe of state limits on churches urged 
Students urged to bring Bibles to school Oct. 3 Faith-based schools face LGBT dilemmas 
Mohler receives Meese religious liberty award 
Mosque lawsuit: editor, profs, ERLC, IMB weigh in
