Michigan Conversion Therapy Ban Faces Legal Uncertainty After Supreme Court Ruling Against Colorado Law

Michigan Conversion Therapy Ban Faces Legal Uncertainty After Supreme Court Ruling Against Colorado Law

LANSING — Michigan's 2023 ban on conversion therapy for LGBTQ+ youth faces immediate legal uncertainty after the U.S. Supreme Court struck down a nearly identical law in Colorado on First Amendment grounds. The ruling has sent Michigan officials scrambling to determine next steps in an ongoing federal lawsuit that has already preliminarily blocked enforcement of the state's ban.

The Supreme Court's 8-1 decision in Chiles v. Salazar came down on March 31, siding with Christian counselor Kaley Chiles who argued that Colorado's ban on "conversion therapy" violates free speech protections. Justice Neil Gorsuch wrote for the majority that the law "censors speech based on viewpoint," sending the case back to a lower court to determine whether it meets a strict legal standard few laws pass.

Michigan Law Now Under Review

Attorney General Dana Nessel confirmed her office is examining the ruling in advance of a meeting to determine next steps. "Free speech is a sacred right in America, but it should not provide a runway in which medical professionals can actively harm their patients," Nessel said in a statement.

The state's ban, signed into law by Governor Gretchen Whitmer in July 2023, defines conversion therapy as "any practice or treatment by a mental health professional that seeks to change an individual's sexual orientation or gender identity." The law prohibits such therapy for minors and bans the use of state or federal funding to support conversion therapy efforts.

The Michigan law has been on hold since December 2025, when the U.S. Sixth Circuit Court of Appeals ruled in favor of Catholic Charities of Jackson, Lenawee and Hillsdale Counties, which filed a free speech legal challenge to the ban. The federal appeals court became the first to block a statewide counseling ban of this kind.

In the Michigan case, the plaintiffs are represented by Becket Fund for Religious Liberty, a nonprofit legal group dedicated to defending religious liberty. The firm successfully argued the Catholic Charities case before the Sixth Circuit and shared that it also filed an amicus brief in favor of the Colorado plaintiffs, noting that the Supreme Court ruling "follows Becket's landmark victory" in the Michigan case.

Governor and Lawmakers React

Governor Gretchen Whitmer called the Supreme Court ruling "disappointing" but said "it does not change who we are." "Michigan will never support any practice that harms or shames LGBTQ+ youth," Whitmer said. "As long as I'm governor, every young person deserves the right to grow up safe, supported, and free to be themselves."

Rep. Jason Hoskins, D-Southfield, who authored Michigan's ban, said the Supreme Court's decision "does not mean conversion therapy is safe, effective or should ever be acceptable." He added that the decision makes it harder for states to "protect young people before harm occurs," but noted it does not "eliminate accountability."

"Survivors still have legal options," Hoskins said, "including consumer fraud claims, medical malpractice suits and other legal actions to hold bad actors responsible."

What Parts of the Law Remain Enforceable?

Some legal experts say certain provisions of Michigan's law may still be enforceable despite the Supreme Court ruling. Jay Kaplan, staff attorney with the LGBTQ+ Rights Project of the American Civil Liberties Union-Michigan, noted that the court opinion "did not address the issue of physical aversion therapy, or medication that's prescribed."

Kaplan explained that the ruling appears to apply only to verbal counseling, leaving restrictions on other forms of treatment potentially untouched by the decision.

The Legal Timeline

The parties in Michigan's lawsuit are expected to meet, confer and update the U.S. District Court for the Western District of Michigan within the next 14 days about what should happen next in the case. The federal court previously ordered a stay pending an opinion from the Supreme Court, but now that the opinion has been issued, the parties need to determine how to proceed.

"This ruling confirms that states cannot ban such counseling, as such laws violate the free speech clause of the First Amendment," said William Bloomfield, general counsel for the Catholic Diocese of Lansing. "Kids struggling with issues of gender dysphoria or same-sex attraction should be able to get effective and compassionate counseling in accord with Catholic teaching."

Background on Conversion Therapy

Conversion therapy has been scientifically discredited and linked to serious harm, including increased depression and suicide risk among LGBTQ+ youth. The practice involves attempting to change a person's sexual orientation or gender identity through counseling, prayer, or other means.

Michigan's 2023 law aimed to protect minors from such practices, but opponents argue it infringes on religious freedom and free speech rights. The law does not include counseling that provides assistance to individuals undergoing gender transition, acceptance support, or identity exploration.

Therapists violating Michigan's conversion therapy ban would face fines or potential loss of professional license. The law also prohibits state funding for conversion therapy efforts on minors.

What's Next for Michigan?

The coming weeks will be crucial for determining whether Michigan's conversion therapy ban remains in effect or faces complete blocking. The Sixth Circuit's December ruling had preliminarily enjoined enforcement of the ban, and the parties' upcoming update to the federal judge will likely shape the future of this contentious issue in Michigan.

As the legal battle continues, Michigan's LGBTQ+ youth and their families remain caught between the state's protective intent and constitutional claims that the law infringes on free speech and religious liberty rights.

Sources:

• mlive.com — https://www.mlive.com/politics/2026/03/after-supreme-court-conversion-therapy-ruling-whats-next-for-michigans-challenged-ban.html
• Michigan Public Radio — https://www.michiganpublic.org/criminal-justice-legal-system/2026-03-31/michigan-examines-options-after-supreme-court-rules-against-colorado-conversion-therapy-ban
• Michigan Attorney General Press Release — https://www.michigan.gov/ag/news/press-releases/2026/03/31/ag-nessel-governor-whitmer-disappointed-with-us-supreme-court-ruling
• Spartan Newsroom — https://news.jrn.msu.edu/2026/04/after-u-s-supreme-court-ruling-whats-next-for-michigans-conversion-therapy-ban
• Catholic World Report — https://www.catholicworldreport.com/2026/04/01/michigan-ban-on-conversion-therapy-could-be-dismissed-amid-scotus-ruling-catholic-charities-suit/