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Michigan's Conversion Therapy Ban Put in Jeopardy After Supreme Court Strikes Down Colorado Law

Michigan's conversion therapy ban for LGBTQ+ youth faces legal uncertainty after the U.S. Supreme Court struck down a similar Colorado law, with state officials saying they are examining their options as the federal case moves forward.

Michigan Capitol|April 6, 2026|9 sources cited

Supreme Court Ruling Creates New Legal Hurdle for Michigan LGBTQ+ Protection Law

LANSING — Michigan's law banning conversion therapy for LGBTQ+ youth faces new legal uncertainty following a U.S. Supreme Court ruling Tuesday that struck down a similar ban in Colorado. The 8-1 decision raises questions about Michigan's ability to protect minors from controversial therapeutic practices aimed at changing sexual orientation or gender identity.

Michigan is one of more than 20 states with conversion therapy bans similar to the Colorado law that was recently challenged and overturned by the Supreme Court. Governor Gretchen Whitmer signed the Michigan law almost three years ago, and it forbids professional counseling that seeks to change the sexual orientation or gender identity of minors.

Michigan Officials React to Supreme Court Decision

Governor Whitmer released a statement calling the Supreme Court decision "disappointing," but insisted it doesn't change Michigan's core values. "Today's Supreme Court ruling is disappointing, but it does not change who we are," Whitmer said. "Michigan will never support any practice that harms or shames LGBTQ+ youth. As long as I'm governor, every young person deserves the right to grow up safe, supported, and free to be themselves."

Michigan Attorney General Dana Nessel added that her office is examining its options ahead of the next appearance before a federal judge in the case. "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.

The Michigan law has been on hold since a December ruling by the U.S. Sixth Circuit Court of Appeals. In that case, Catholic Charities of Jackson, Lenawee and Hillsdale Counties filed a free speech legal challenge to the ban.

Catholic Charities Welcomes Supreme Court Ruling

William Bloomfield, general counsel for the Catholic 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," Bloomfield said. "This ruling confirms that states cannot ban such counseling, as such laws violate the free speech clause of the First Amendment."

Luke Goodrich, an attorney for the Becket Fund for Religious Liberty who represented plaintiffs in the Michigan case, noted that the federal appeals court was the first to block a statewide conversion therapy ban. The Supreme Court decision, he wrote, "is yet more evidence that religious freedom, free speech, and parental rights are invaluable."

Legal Experts Say Some Protections May Remain

Despite the Supreme Court ruling, not all parts of Michigan's conversion therapy ban may be affected. Jay Kaplan, staff attorney with the LGBTQ+ Rights Project of the American Civil Liberties Union-Michigan, noted that the decision only applies to verbal counseling.

"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."

Kaplan explained that the Supreme Court ruling essentially addresses whether states can prohibit a specific type of speech — talk therapy intended to change sexual orientation or gender identity. However, more severe practices involving physical methods or medication might still be regulable by the state.

Democratic Lawmaker Calls Conversion Therapy Malpractice

State Representative Jason Hoskins (D-Southfield), who sponsored the conversion therapy ban law, said the decision does not make conversion therapy an accepted medical practice.

"This is still malpractice," Hoskins said. "It's consumer fraud, literally, to call it conversion therapy when it's not really therapy in the eyes of every major medical organization. It's still something we can fight against, but it's just disheartening to see this ruling come through."

Medical Community Rejects Conversion Therapy

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. Medical experts agree there is no evidence to suggest conversion therapy works, and research indicates it may lead to significant psychological distress including depression, anxiety, and increased suicidal behavior.

"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."

Next Steps in Michigan Case

The parties to the Michigan lawsuit are supposed to provide an update to the federal judge overseeing it within the next 14 days. Michigan Attorney General Dana Nessel said her office is reviewing next steps as the case moves forward.

"This is still something we can fight against, but it's just disheartening to see this ruling come through," said Representative Hoskins, who sponsored the law. "It's still malpractice."

What This Means for Michigan

The Supreme Court ruling on Colorado's conversion therapy ban has created a legal precedent that Michigan courts will likely consider when reviewing the state's own ban. The high court ruled that Colorado's law "regulates speech based on viewpoint," sending it back to a lower court for further review.

While the legal path forward is uncertain, advocates on both sides of the issue are preparing for what could be a lengthy legal battle. LGBTQ+ advocates are working to ensure that protections for youth remain in place, while religious organizations are arguing that their counseling services should not be restricted.

The case highlights the ongoing tension between protecting vulnerable youth from harmful practices and ensuring that religious organizations can provide counseling services in accordance with their beliefs.

As Michigan's case moves forward, Governor Whitmer's office has emphasized that the state remains committed to ensuring LGBTQ+ youth have access to safe, supportive care — regardless of how the legal challenge unfolds.

Sources:

conversion therapyLGBTQ+Supreme Courtfree speechCatholic CharitiesMichigan lawmental health

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