Appeals Court Questions Kansas City Law That Could Force Christian Counselors To Counsel Gay Married Couples

Key Facts

Published: May 25, 2026 Location: Kansas City Source: Just the News

• Kansas City argued that Christian counselors who offer marriage counseling to heterosexual couples cannot refuse to counsel gay married couples under the city’s public accommodation ordinance.
• Alliance Defending Freedom says the law chills Christian speech and pressures counselors to violate their biblical convictions on marriage and gender.
• The case follows a Supreme Court ruling that strengthened First Amendment protections for counselors facing similar restrictions.

by Emmitt Barry, Worthy News Washington D.C. Bureau Chief

(Worthy News) – A federal appeals court is weighing whether Kansas City can use its public accommodation ordinance to require Christian counselors to counsel gay married couples despite the counselors’ biblical convictions on marriage and sexuality.

The case, now before the 8th U.S. Circuit Court of Appeals, involves licensed counselors Wyatt Bury and Pamela Eisenreich, who say Kansas City and Jackson County ordinances violate their constitutional rights by forcing them into counseling relationships and conversations that conflict with their Christian faith.

According to Just the News, Kansas City attorney Tara Kelly acknowledged during oral arguments that counselors who offer marriage counseling to heterosexual couples could not refuse to counsel same-sex couples based on sexual orientation or gender identity. The city argued that its law regulates discriminatory conduct, not speech, and said counselors remain free to express their Christian beliefs during counseling sessions.

But that position drew sharp questions from the appellate panel. Judges pressed whether the ordinance effectively forces Christian counselors to accept clients and engage in counseling relationships that violate their conscience.

The dispute comes after the U.S. Supreme Court recently ruled in favor of Colorado counselor Kaley Chiles, blocking enforcement of a state counseling restriction and requiring similar laws to face strict scrutiny, the highest level of constitutional review. That ruling has now placed local counseling bans and related ordinances under renewed scrutiny nationwide.

Alliance Defending Freedom, which represents Bury and Eisenreich, argued that Kansas City’s law chills Christian speech because counselors risk penalties if they clearly state in advance that they provide counseling consistent with biblical beliefs about marriage and gender. ADF attorney Bryan Neihart told the court that the city’s position remains inconsistent, especially because the counselors could be punished for saying certain counseling services would not affirm same-sex marriage.

Kansas City has indicated it may repeal portions of its counseling ban, but it has continued defending the broader public accommodation ordinance. That law remains central to the case because it could require Christian counselors to serve gay married couples in the same category of counseling they provide to heterosexual couples.

For Christian professionals, the case raises a sobering question: can the government force believers to provide services in a way that contradicts Scripture, even when the service itself involves speech, counsel, and moral guidance?

Supporters of religious liberty argue that compassion and conscience are not enemies. Christians can treat every person with dignity while still refusing to affirm what they believe violates God’s design for marriage.

The 8th Circuit has not yet issued its ruling.

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