City of Lincoln, NE Put on Notice to Repeal Unconstitutional Counseling Censorship
Thomas More Society demand letter one of first to enforce Supreme Court's Chiles v. Salazar ruling

LINCOLN, NE - Thomas More Society sent a formal demand letter to Lincoln City Attorney Yohance L. Christie calling on the City of Lincoln to repeal the city's "Sexual Orientation or Gender Identity Change Efforts" ordinance in the wake of the United States Supreme Court's landmark ruling in Chiles v. Salazar, issued March 31, 2026. The demand letter is one of the first legal actions targeting a local ordinance since the ruling.
At the heart of this case is a question that should alarm every parent in Lincoln: under the city's ordinance, a licensed counselor is forbidden by law from discussing anything with a minor other than affirming same-sex attractions or gender transition.
"Lincoln has made it illegal for a licensed counselor to offer anything other than one government-approved answer to a struggling child. That is not protection. It is a gag order. And it clearly is not in the best interest of such a vulnerable child," said Matt Heffron, Senior Counsel.
Thomas More Society represents a devout Catholic licensed counselor in Lincoln whose practice has been directly chilled by the ordinance. In Chiles v. Salazar, the Supreme Court held that laws regulating speech based on subject matter are presumptively unconstitutional, that viewpoint discrimination is an "egregious" form of content regulation, and that professional speech in a counseling session cannot be mischaracterized as mere conduct to escape First Amendment protection. Notably, Justices Kagan and Sotomayor agreed in concurrence that a law like Lincoln's blatantly conflicts with core First Amendment principles.
"The Lincoln ordinance and the Colorado law struck down in Chiles are so similar they presumably used the exact same template,” added Heffron. “The City has no reasonable argument remaining. Our client is ready to challenge this ordinance in court, and total repeal is the only way for Lincoln to avoid that outcome."
The demand letter calls on City Attorney Christie to recommend repeal and place a vote before the Lincoln City Council no later than Monday, June 15, 2026. If the city fails to act, Thomas More Society will file a lawsuit.


