From a Conversion Therapy Survivor: What Does the Lawsuit Against Lincoln's Conversion Therapy Ban Mean for Nebraska Families?
By Zachary W. Anderson, Zachary W. Anderson Law
On October 6, 2026, two Lincoln counselors filed a federal lawsuit asking a judge to block Lincoln's ordinance prohibiting conversion therapy for minors. The case, Dierks v. City of Lincoln, claims the ordinance violates the First Amendment's free speech and free exercise protections and is unconstitutionally vague. Filing a lawsuit, or asking for an injunction, does not by itself suspend an ordinance. Unless a court restricts its enforcement or the City changes it, the ordinance remains in place.
The lawsuit follows the U.S. Supreme Court's March 2026 decision in Chiles v. Salazar. That decision held 8–1 that Colorado's similar law, as applied to a counselor who provides only talk therapy, regulates speech based on viewpoint and requires demanding First Amendment review. Chiles did not decide Lincoln's case. In my assessment, though, it creates a substantial obstacle for Lincoln on the free speech claim.
For parents, the lawsuit doesn't change the basics. Nebraska custody law still governs disputes between parents about a child's counseling. Legal custody, the existing parenting plan, the nature of the activity, and evidence of how it affects the child all matter. Religious activities raise separate questions: Nebraska courts generally restrict a parent's religious practices with a child only when there is an immediate and substantial threat to the child's well-being.
Nebraska's child-protection law still applies, too. If you have reasonable cause to believe a child has been abused or neglected, Nebraska law requires you to report it. If a child is in immediate physical danger, call 911. If a child is in a suicidal or behavioral-health crisis, call or text 988.
Why I'm writing this
I'm not a neutral observer on this topic. I'm a survivor of conversion therapy through the Mormon church, and today I'm a family lawyer in Lincoln. I oppose conversion therapy, personally and professionally.
That history is exactly why I want to be careful about what this lawsuit can and can't change. A parent worried about their child deserves accurate information more than reassurance. Some of what follows is frustrating. Knowing where the law actually stands is still the best way to choose your next step.
What the lawsuit claims
The plaintiffs are Thomas Dierks and a second counselor identified in the complaint as "John Doe." Both describe themselves as licensed mental health practitioners in Lincoln. They sued three defendants in the U.S. District Court for the District of Nebraska, Case No. 4:26-cv-03339:
the City of Lincoln;
the Lincoln Commission on Human Rights; and
the Commission's director.
The Thomas More Society represents them.
The counselors say their practices consist entirely of talk therapy. They say some minor clients come to them wanting to change their sexual orientation or gender identity, often for religious reasons. Their argument is that the ordinance permits counseling that supports a young person's identity while prohibiting counseling aimed at change. They say that is the kind of viewpoint-based line Chiles rejected.
The complaint raises three claims:
Free speech under the First Amendment;
Free exercise of religion under the First Amendment; and
Vagueness under the Fourteenth Amendment's Due Process Clause, arguing that key terms don't tell counselors where the line is.
Among other relief, the counselors ask the court to:
declare the ordinance unconstitutional;
block its enforcement; and
award nominal damages and attorney fees.
According to the complaint, the counselors' attorneys took several steps before suing:
In April 2026, they wrote to the Lincoln City Attorney asking the City to repeal the ordinance.
In June, they spoke with the City Attorney by phone.
In July, they followed up asking whether the City would at least agree not to enforce the ordinance against talk therapy.
The complaint says the City had not responded to those requests by the filing date. These are the plaintiffs' allegations. The City will have its own opportunity to respond.
The complaint also disputes research on conversion therapy's harms. That position conflicts with policies adopted by major professional organizations that oppose conversion therapy, including:
the American Psychological Association;
the American Academy of Pediatrics; and
the American Medical Association.
If the City defends the ordinance, expect that evidence to be contested.
What Lincoln's ordinance does
The Lincoln City Council adopted the ordinance in February 2021. The lawsuit challenges Lincoln Municipal Code Chapter 11.09 and § 11.01.010.
As the complaint describes it, the ordinance prohibits covered providers from counseling, practice, or treatment that seeks to change a minor's sexual orientation or gender identity. It excludes counseling that:
provides acceptance and support;
helps a young person cope and explore identity; or
assists a person undergoing gender transition.
The complaint also describes enforcement through the Lincoln Commission on Human Rights. The ordinance's actual current text, not the complaint's summary, controls.
The dispute isn't new. The organization now representing the plaintiffs testified against the proposal in February 2021 and predicted the Eighth Circuit would find it unconstitutional. At the time, Lincoln's City Attorney said he believed the ordinance could be defended in court. Chiles has since changed the legal landscape.
Who the ordinance covers
The ordinance regulates covered "providers." The complaint describes that term as including people licensed, certified, or registered to provide counseling.
Religious affiliation alone does not answer whether a particular counselor falls within the ordinance. A licensed counselor working in a church setting may present a different question from clergy offering pastoral guidance. Coverage depends on the ordinance's current text, the person's role, and where the activity occurs.
This matters to me personally, because my own experience with conversion therapy came through a church. Conversion efforts don't happen only in licensed counseling offices. A local ordinance focused on professional counseling may not reach every setting where they occur. That's one reason parents shouldn't treat any single ordinance as a complete safeguard.
Why Chiles v. Salazar matters
Kaley Chiles is a licensed Colorado counselor who provides talk therapy. She challenged Colorado's law banning conversion therapy for minors, which the Dierks plaintiffs say is nearly identical to Lincoln's.
On March 31, 2026, the U.S. Supreme Court ruled in her favor, 8–1. Chiles v. Salazar, 146 S. Ct. 1010 (2026). Justice Gorsuch wrote for the Court. Justice Kagan, joined by Justice Sotomayor, concurred. Justice Jackson dissented.
The Court held that Colorado's law, as applied to Chiles's talk therapy, regulates speech based on viewpoint. It held that the lower courts erred by not applying sufficiently rigorous First Amendment scrutiny. It also rejected the idea that calling talk therapy "treatment" or "conduct" changes that analysis. The Court reversed and sent the case back for further proceedings.
Under that kind of demanding review, the government generally must show two things:
that the restriction serves a compelling interest; and
that it is narrowly tailored to that interest.
That is a hard standard to meet. But it is a legal test applied to specific facts, not an automatic result.
Chiles also has limits. It addressed talk therapy only. It did not decide whether governments may regulate physical, aversive, or coercive practices. And it did not decide Lincoln's ordinance.
What the Eighth Circuit has done since
Federal courts in Nebraska are part of the Eighth Circuit.
On July 2, 2026, an Eighth Circuit panel issued an unpublished decision in a case brought by two counselors against conversion therapy ordinances in Kansas City and Jackson County, Missouri. Wyatt Bury, LLC v. City of Kansas City, No. 25-2566 (8th Cir. July 2, 2026). The panel reinstated parts of their challenge and sent the case back to the trial court to consider Chiles. That decision did not itself strike down the ordinances.
The State of Nebraska was among the states listed as friends of the court supporting the counselors in that appeal.
Separately, on May 21, 2026, the Kansas City Council passed an ordinance repealing the city's ban.
My candid assessment
On the free speech claim, Chiles creates a substantial obstacle for Lincoln's defense. That's my assessment, not a prediction of the result. The free exercise and vagueness claims raise separate questions. The outcome will depend on the record, the arguments, and the court's rulings.
I wish the legal picture were different. But families making decisions now should plan around the law as it is.
What could happen next
This case was filed October 6, 2026. For its current status, check the court's docket or ask a lawyer. Possible developments include:
The City's response. A defendant in federal court generally has 21 days after service to answer or file a motion. The actual deadline depends on service and any court orders.
Injunction proceedings. The complaint asks for a preliminary injunction. If the court grants one, enforcement would be restricted only to the extent stated in the order. That could be narrower than the entire ordinance.
A negotiated or legislative outcome. The City could defend, amend, or repeal the ordinance. The parties could also reach an agreement about enforcement.
Further rulings and possible review. Depending on what the court decides and when, a party may be able to seek review in the Eighth Circuit.
What the lawsuit doesn't change
Statewide law. The most recent attempt at a statewide ban, LB 367, would have barred credentialed health care professionals from providing conversion therapy to anyone under 19. It was indefinitely postponed on April 17, 2026. I'm not aware of any Nebraska statute that specifically bans conversion therapy.
Custody law. Chiles does not give either parent the right to place a child in counseling over the other parent's objection. Those disputes are still governed by Nebraska custody law and the existing court order.
Child-protection law. Reporting duties apply regardless of how the lawsuit comes out.
How custody orders may help with counseling disputes
Custody orders may provide another avenue to address counseling disputes between parents. Where you start depends on what your existing order says.
Legal custody matters, but it isn't the whole answer
Nebraska law separates legal custody from physical custody. Two definitions matter here:
Legal custody means "the authority and responsibility for making fundamental decisions regarding the child's welfare, including choices regarding education and health." Neb. Rev. Stat. § 43-2922(13).
Joint legal custody means "mutual authority and responsibility of the parents for making mutual fundamental decisions regarding the child's welfare." § 43-2922(11).
Choosing a child's professional mental-health treatment is likely to be treated as a health decision. That means the type of legal custody in your order, and its exact language, matters.
But legal custody does not automatically resolve every dispute involving religious counseling or a church program. Nebraska courts also consider:
the other parent's constitutional rights;
the existing order;
the nature of the activity; and
evidence of harm.
In Munsell v. Munsell, 321 Neb. 363 (2026), the Nebraska Supreme Court affirmed an award of sole legal custody. But it removed a provision allowing that parent to decide whether the other parent could enroll the children in church camp during his parenting time. The record lacked the required showing of harm.
The Court reaffirmed LeDoux v. LeDoux, 234 Neb. 479, 452 N.W.2d 1 (1990). Under LeDoux, restrictions on a parent's religious practices with a child require an immediate and substantial threat to the child's well-being and must be narrowly tailored.
Munsell did not involve conversion therapy. But it shows that neither "I have sole legal custody" nor "it's my religious freedom" is a complete answer by itself.
Lower-conflict options, when it's safe
When it's safe and appropriate, discussion, coaching, or mediation may help resolve a counseling dispute. A mediated agreement can be specific, such as a jointly selected therapist or written consent from both parents before counseling begins.
An agreement between parents doesn't automatically replace an existing court order. Changes generally need to go through the court, which reviews parenting arrangements for the child's best interests.
Nebraska's Parenting Act relies heavily on mediation and other forms of dispute resolution in parenting cases. The statutes also contemplate temporary relief and court-approved waivers in appropriate circumstances. See Neb. Rev. Stat. §§ 42-364(6), 43-2937.
Lower-conflict options should never delay:
urgent safety assistance;
required reporting; or
a lawyer's review of time-sensitive court relief.
Our firm offers clients in-house co-parenting and divorce coaching at no additional fee. Sometimes the other parent is acting out of fear about faith, family, or a child's future. A structured conversation can help surface what's driving the disagreement. Coaching is not a substitute for mental-health treatment, crisis services, or court-required mediation.
When court involvement is needed
What a court can do depends on where your case stands. Each of these is a different tool with different requirements:
an initial custody case;
a request for temporary orders in a pending case;
enforcement of an existing order;
clarification of an unclear provision; and
modification of a final order.
To modify an existing custody or parenting-time order, a parent generally must show two things. First, there has been a material change in circumstances, occurring after the previous order, that affects the child's best interests. Second, the proposed change serves the child's best interests. Mann v. Mann, 316 Neb. 910, 7 N.W.3d 845 (2024).
In custody and parenting decisions, the Parenting Act focuses on the child's best interests. That includes a parenting arrangement that provides, among other things, for a child's "safety, emotional growth, health, stability, and physical care." Neb. Rev. Stat. § 43-2923(1). The court also considers, among other factors:
the child's general health, welfare, and social behavior, § 43-2923(6)(c);
the child's wishes, when the child is of an age of comprehension and the wishes are based on sound reasoning, § 43-2923(6)(b) — a child's wishes are considered when those conditions are met, but they are not a veto; and
credible evidence of child abuse or neglect or domestic intimate partner abuse, § 43-2923(6)(f).
Evidence about how a particular activity is affecting your child is important. That doesn't mean a child must be visibly struggling before you can seek help. Talk with a lawyer about what evidence fits your situation, and expect the other parent to respond, possibly with professionals of their own.
If you believe a child faces urgent risk, talk with a lawyer promptly about whether temporary or emergency relief may be available. Use the safety resources below as well.
If you and your teen disagree
A dispute between a parent and a teenager about counseling raises separate questions. Those include a minor's consent, confidentiality, parental authority, and safety, and they require individual analysis. If safety is a concern, use the resources below.
Reporting suspected abuse or neglect
Nebraska law requires reporting when the statutory threshold is met. Under Neb. Rev. Stat. § 28-711(1), any person — not only doctors, teachers, and social workers — must report to law enforcement or the Nebraska Department of Health and Human Services if they:
have reasonable cause to believe a child has been subjected to child abuse or neglect; or
observe a child being subjected to conditions or circumstances that would reasonably result in abuse or neglect.
You do not need proof of abuse before making a report. A report may be made by telephone, and an oral report must be followed by a written report.
Under Neb. Rev. Stat. § 28-710(2)(b), child abuse or neglect includes knowingly, intentionally, or negligently causing or permitting a child to be, among other things:
placed in a situation that endangers the child's life or physical or mental health;
cruelly confined or cruelly punished; or
deprived of necessary food, clothing, shelter, or care.
Whether particular conduct meets that definition depends on the facts. I'm not aware of a Nebraska appellate decision holding that talk-based conversion therapy, by itself, is abuse. That isn't a safe harbor; the statute applies to the conduct actually involved.
When you report, describe what you observed or were told accurately, and distinguish facts from concerns. Nebraska law protects people who participate in making reports from liability, except for maliciously false statements. Neb. Rev. Stat. § 28-716. An honest report that turns out to be unsubstantiated is not the same as a maliciously false one.
Safety and support resources
Immediate physical danger or medical emergency: call 911.
Suicide or behavioral-health crisis: call or text 988.
Suspected child abuse or neglect in Nebraska: call the Nebraska Child Abuse and Neglect Hotline at 1-800-652-1999, or contact law enforcement.
The Trevor Project offers support for LGBTQ+ young people: call 1-866-488-7386 or text START to 678-678.
OutNebraska is a community and advocacy organization for LGBTQ+ Nebraskans. It is not an emergency service.
If you're a young person reading this
If someone is trying to change who you are, what you're feeling is real, and you're not alone. You deserve adults in your corner. A school counselor, doctor, relative, or another trusted adult can help you figure out next steps. The resources above are there if you need support right away.
A practical checklist
What to gather
Your current decree, custody order, and parenting plan, especially the legal custody, decision-making, and dispute-resolution provisions.
The counselor's or program's name, whether they hold a Nebraska credential, and whether they are affiliated with a religious organization.
Dates of sessions, who scheduled them, and who paid.
Your own texts and emails with the other parent about counseling.
Program materials, intake forms, and treatment goals you have lawful access to.
Your child's own words, written down soon afterward with the date and context. Don't interrogate or coach your child.
Observations from your child's school counselor, pediatrician, or therapist, obtained through appropriate releases or legal process.
A simple timeline of changes in mood, sleep, school, friendships, or behavior.
Don't access another person's accounts or messages, or a child's confidential treatment records, without lawful authority. Ask a lawyer first.
Questions to ask before your child starts with any therapist
Is your Nebraska credential current?
How do you approach it when a young client raises questions about sexual orientation or gender identity?
Would you ever treat changing a client's sexual orientation or gender identity as a treatment goal?
How do you communicate with each parent, and what limits apply to what you can share?
Are you affiliated with a religious organization or program, and does that shape your clinical approach?
Questions to ask a Nebraska family lawyer
What type of legal custody does my order provide, and what does it say about counseling and health decisions?
Does my situation call for enforcement, clarification, modification, or temporary relief?
How do Nebraska's rules on religious activities apply to my situation?
Is mediation required in my case, and are there exceptions?
What evidence would be relevant on these facts?
How might raising this issue affect the rest of my custody case?
What to expect
Timing depends on the court, the type of request, and the facts. No lawyer can promise a particular timeline or result. Expect the court to hear from both parents and to apply the best-interests factors to your child's circumstances.
Frequently asked questions
Is Lincoln's conversion therapy ban still in effect?
Filing a lawsuit doesn't suspend an ordinance. The ordinance remains in place unless a court restricts its enforcement or the City changes it. Dierks v. City of Lincoln was filed October 6, 2026, and asks for a preliminary injunction among other relief. This could change quickly, so check the court's docket or ask a lawyer for the current status.
Who filed the lawsuit, and what are they asking for?
Two counselors who describe themselves as licensed Lincoln mental health practitioners: Thomas Dierks and a counselor identified as "John Doe." The Thomas More Society represents them. They claim the ordinance violates free speech, free exercise of religion, and due process. Among other relief, they ask the court to declare the ordinance unconstitutional, block its enforcement, and award nominal damages and attorney fees.
What happens if the court grants an injunction?
Enforcement would be restricted to the extent stated in the order. That could be narrower than the entire ordinance, for example limited to particular plaintiffs or applications. An injunction would not change Nebraska custody law or child-protection law, which apply regardless of how the lawsuit turns out.
Did the Supreme Court make conversion therapy legal?
Not in the way that phrase suggests. Chiles held that Colorado's law, as applied to a counselor's talk therapy, regulated speech based on viewpoint and required demanding First Amendment review. It did not decide Lincoln's ordinance, address physical or aversive practices, or endorse conversion therapy.
Does Lincoln's ordinance apply to churches or religious counselors?
It depends. The ordinance regulates covered providers, and religious affiliation alone doesn't answer whether a particular counselor is covered. A licensed counselor working in a church setting may present a different question from clergy offering pastoral guidance. The answer turns on the ordinance's current text, the person's role, and where the activity occurs.
My co-parent wants to send our child to counseling to change their sexual orientation or gender identity. Can I stop it?
Possibly, depending on your custody order, the type of activity, and the facts. Start with what your order says about legal custody and health decisions. Then get advice on whether enforcement, clarification, temporary relief, or modification fits. If religious activity is involved, Nebraska courts generally require an immediate and substantial threat to the child's well-being before restricting it.
Is conversion therapy considered child abuse in Nebraska?
It depends on the conduct and the facts. Nebraska's definition includes knowingly, intentionally, or negligently placing a child in a situation that endangers the child's physical or mental health, cruel confinement or punishment, and deprivation of necessary care. If you have reasonable cause to believe a child has been abused or neglected, Nebraska law requires you to report it, and you don't need proof first.
I went through conversion therapy as a minor. Do I have any legal options now?
Past experiences may raise civil-law questions. The available options depend on the people involved, the conduct, the evidence, and when it happened, and timing can be critical. A Nebraska attorney can evaluate potential claims and applicable filing limits; this article can't tell you whether a particular claim is available.
How can Zachary W. Anderson Law help?
We represent parents in custody, paternity, modification, and parenting-plan disputes in Lancaster, Douglas, Sarpy, and surrounding counties. We can review your order, your options, and the evidence you have. Zachary is a Nebraska Parenting Act mediator, and our clients have access to in-house co-parenting and divorce coaching at no additional fee.
Talk with a Nebraska family lawyer
Are you worried about a child's counseling, a parenting plan that isn't working, or what the Lincoln lawsuit means for your family? Call Zachary W. Anderson Law at (402) 259-0059 to schedule a consultation.
Disclaimer
This article provides general educational information, not legal advice for a particular situation. It describes Nebraska law and the status of the cases discussed as of October 9, 2026. Laws, court orders, and litigation developments may change, and this article may not reflect those changes. Do not rely on this article to calculate a filing deadline or to disregard an existing court order. Reading it or contacting the firm does not by itself create an attorney-client relationship; representation begins only after the firm agrees to it. For advice about your circumstances, consult a Nebraska-licensed attorney. This website is not an emergency service.