Appeals Court Reverses Decision Against Christian Counselors

A federal appeals court threw out a decision against two licensed counselors following the U.S. Supreme Court’s March ruling in Chiles v. Salazar, which protects counselors’ free speech rights.

At the center of the current case are Wyatt Bury and Pamela Eisenreich, licensed Christian counselors who help clients facing many different challenges – from loneliness to hopelessness to other mental health struggles. The counselors also help minor clients seeking freedom from unwanted same-sex attraction or confusion over their sexual identity.

However, Kansas City, Missouri, and Jackson County, Missouri, passed ordinances prohibiting counselors from engaging in talk therapy – often wrongly derided by LGBT activists as “conversion therapy” – with minors seeking hope and healing in these areas.

Counselors are prohibited from helping minor clients leave unwanted homosexuality or “transgenderism”; they are only permitted to help minor clients embrace homosexuality or a new “gender identity” – even if the clients have opposite goals.

Because of the ordinances, Bury and Eisenreich – and other Christian counselors – can only speak state-approved, government-mandated messages that violate their faith. Infractions are punishable with fines up to $1,000 per violation and up to six months in jail.

Speech codes like this, which dictate what counselors can and cannot say depending on their views, strike at the heart of the Constitution’s free speech protections.

Bury and Eisenreich are represented by attorneys with Alliance Defending Freedom (ADF). Their attorneys filed a lawsuit seeking to prevent enforcement of the ordinances on February 7, 2025.

On July 10, however, the district court ruled against them. ADF then appealed the decision to the U.S. Court of Appeals for the 8th Circuit.

On July 2, 2026, a three-judge panel on the court unanimously reversed the district court’s decision in light of Chiles and ordered it to reconsider the case.

In its Chiles decision, the Supreme Court ruled 8-1 against an essentially identical Colorado law prohibiting counselors from engaging in “conversion therapy” with minor clients.

Justice Gorsuch wrote for the Court,

The First Amendment stands as a shield against any effort to enforce orthodoxy in thought or speech in this country.

It reflects instead a judgment that every American possesses an inalienable right to think and speak freely, and a faith in the free marketplace of ideas as the best means for discovering truth.

Bury and Eisenreich are hoping to get our nation’s courts to follow the Court’s Chiles precedent in their case.

“No government should single out views they don’t like for disfavored treatment,” said ADF Senior Counsel Bryan Neihart.

“The Kansas City and Jackson County ordinances allow counselors to push kids down the dangerous path of gender transition, often leading to harmful drugs and surgeries, but they forbid counselors like Wyatt and Pamela from talking with kids to help them accept their bodies—even when that is the client’s express goal or the reason they seek the counselors’ advice.”

Neihart continued,

This is precisely what the U.S. Supreme Court so recently explained isn’t acceptable under the First Amendment.

The Supreme Court’s Chiles decision has breathed new life into efforts around the nation to protect free speech and ensure all people can receive help from licensed therapists – including when facing difficult matters like homosexuality and transgenderism.

While it may take a while for courts to apply Chiles to pending legal disputes, Bury and Eisenreich’s case is now headed in the right direction. That’s an important win for licensed counselors, struggling clients and the U.S. Constitution.

The case is Wyatt Bury v. City of Kansas City.

If you or someone you know is struggling with homosexuality or transgenderism, Focus on the Family offers a one-time complimentary consultation with our ministry’s professionally trained counseling staff. The consultation is free due to generous donor support.

To reach Focus on the Family’s counseling service by phone, call 1-800-A-Family (232-6459) weekdays 6:00 a.m. to 8:00 p.m. (Mountain Time). Please be prepared to leave your contact information for a counselor or chaplain to return a call to you as soon as possible. Alternatively, you can fill out our Counseling Consultation Request Form.

We also offer local referrals for licensed counselors who align with the mission and values of Focus on the Family.

Related articles and resources:

Oregon Withdraws $90K Fine Against Christian Counselor

Washington Counselor Asks Court to Protect Free Speech

The Supreme Court’s ‘Conversion Therapy’ Ruling: Four Truths You Should Know

Supreme Court Smacks Down Colorado’s ‘Conversion Therapy’ Ban in 8-1 Decision

What Is ‘Conversion Therapy’?

Photo from Alliance Defending Freedom.