U.S. Supreme Court Decision Impacts Michigan LGBTQ+ Youth Protections

By Michigan Capitol Staff

A Michigan law protecting LGBTQ+ youth from conversion therapy is now facing renewed legal pressure after the U.S. Supreme Court struck down a similar ban in Colorado on free speech grounds.

Michigan is one of more than two dozen states with conversion therapy bans similar to the Colorado law that was struck down Tuesday by the U.S. Supreme Court. A federal court blocked Michigan's ban in December following a lawsuit filed by local Catholic organizations.

The Supreme Court Decision

The Supreme Court ruled 8-1 to overturn a 'conversion therapy' ban in Colorado, which may impact about two dozen states with similar laws, including Michigan. The 8-1 high court majority sided with a Christian counselor who argued the law banning talk therapy violates the First Amendment.

Justice Neil Gorsuch wrote the majority opinion, holding that the Colorado law seeks to "regulate speech based on viewpoint." The justices agreed the law raises free speech concerns and sent it back to a lower court to decide if it meets a legal standard that few laws pass.

The Supreme Court cited the federal appeals ruling in the Michigan case in its decision on Tuesday.

Michigan's Law on Hold

Michigan's law, passed under a Democratic majority in 2023, was challenged by Catholic Charities of Jackson, Lenawee and Hillsdale Counties, which argued the state limited the talk therapy services offered by Catholic counselors in violation of free speech protections.

A federal appeals court ruled in favor of the Michigan Catholic Charities in December, blocking the state's conversion therapy law from taking effect. The appellate court sent the case back to a lower court for further review.

The lower court paused on a final ruling pending the Supreme Court's review of the Colorado case.

General counsel for the Diocese of Lansing, which oversees the Catholic Charities group, welcomed the Supreme Court's decision as strengthening the ruling against Michigan's law.

"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," said attorney William Bloomfield in a statement Tuesday. "This ruling confirms that states cannot ban such counseling, as such laws violate the free speech clause of the First Amendment."

Governor and Attorney General Responses

Governor Gretchen Whitmer called the decision "disappointing," and Michigan Attorney General Dana Nessel said her office is reviewing next steps in advance of a U.S. District Court meeting set to occur in the next two weeks.

"Medical experts have long debunked conversion therapy as a destructive, demoralizing and debunked practice which increases depression and the risk of suicide for LGBTQ+ youth," Nessel said in a statement. "Free speech is a sacred right in America, but it should not provide a runway in which medical professionals can actively harm their patients."

Legal Arguments Continue

Luke Goodrich, an attorney for the Becket Fund for Religious Liberty who represented plaintiffs in the Michigan case, noted the federal appeals court was the first to block a statewide conversion therapy ban.

The Supreme Courtdecision "is yet more evidence that religious freedom, free speech, and parental rights are invaluable," Goodrich wrote on the social media site X.

What Remains in Michigan's Law

The Supreme Court ruling does not stop states from regulating severe aversion therapy practices, which may use electric shock or nausea-inducing drugs, according to Jay Kaplan, staff attorney for the ACLU of Michigan's LGBTQ+ Project.

"Given what the court has done, we still have to continue to educate and to warn people about the harms related to conversion therapy, even if it's just through talk therapy," he said.

Some parts of the state's law appear to remain enforceable, according to Kaplan. He said the decision only applies to verbal counseling, so there are restrictions in Michigan's conversion therapy law that appear to be untouched by the ruling.

"The court opinion did not address the issue of physical aversion therapy," Kaplan said, "or medication that's prescribed. That's not addressed in this opinion."

Medical Community Consensus

Physician groups like the American Psychological Association and the American Medical Association have rejected interventions that attempt to change an individual's sexual orientation, behavior or gender identity. Doctors report there is no evidence to suggest conversion therapy works, and it may lead to significant psychological distress like depression, anxiety and an increase in suicidal behavior.

Next Steps

The parties to the Michigan lawsuit are supposed to provide an update to the federal judge overseeing it within the next 14 days.

Michigan's LGBTQ+ advocates worry more youth will be impacted by the discredited intervention practice, while supporters of the ruling say it's a victory for the First Amendment.