Supreme Court Ruling Against Colorado Conversion Therapy Ban Casts Shadow Over Michigan Law

The High Court's Decision Sends Michigan Officials Reviewing Their Next Moves

The U.S. Supreme Court ruled 8-1 that Colorado's ban on conversion therapy for minors violates therapists' First Amendment free speech rights, a decision that immediately cast uncertainty over Michigan's own ban on the practice.

The ruling, issued on March 31, 2026, did not directly address Michigan law but cited the federal appeals court ruling in the Michigan case in its opinion. Michigan officials are now reviewing how the decision could affect their legal position in a case that remains pending in federal court.

Michigan's Blocked Ban Hangs in the Balance

Michigan's conversion therapy ban, which was signed into law in 2023 and took effect in early 2024, was blocked in December 2025 by a federal appeals court ruling in the case Catholic Charities of Jackson, Lenawee and Hillsdale Counties v. Whitmer.

The 6th Circuit Court of Appeals ruled that Michigan's ban restricted speech by Catholic counselors who challenged the law. The appellate court sent the case back to a lower court for further review, with the lower court pausing on a final ruling pending the Supreme Court's review of the Colorado case.

"The Supreme Court's opinion in the Michigan case is material to the outcome," said one legal analyst. The lower court in Michigan noted that the Colorado ban was "materially indistinguishable" from Michigan's law.

State Officials Express Disappointment

Michigan Attorney General Dana Nessel called the Supreme Court ruling "disappointing and harmful" in a statement.

"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.

Governor Gretchen Whitmer echoed those sentiments, stating that Michigan "will never support any practice that harms or shames LGBTQ+ youth."

The Legal Standard Changes Everything

The Supreme Court majority did not strike down Colorado's law outright but instead sent it back to the lower court for further consideration under strict scrutiny. The justices agreed that the law raises First Amendment concerns by censoring speech based on viewpoint.

"In cases like this, Colorado's law censors speech based on viewpoint," the court's majority opinion read. "Colorado may regard its policy as essential to public health and safety. Certainly, censorious governments throughout history have believed the same. But the First Amendment stands as a shield against any effort to enforce orthodoxy in thought or speech in this country."

Justice Ketanji Brown Jackson wrote a solo dissent, arguing that talk therapy should be subject to reasonable state regulation like any other medical treatment.

"Talk therapy is a medical treatment. So, why wouldn't such speech-based medical treatments be subject to reasonable state regulation like any other kind of medical care?" Justice Jackson said.

Not All Conversion Therapy Is Affected

Despite the ruling's implications for Michigan's ban, not all forms of conversion therapy would be affected. Jay Kaplan, a staff attorney for the ACLU of Michigan's LGBTQ+ Project, said the "talk therapy" portion of Michigan's ban appears invalid, but other forms remain in effect.

"We know how harmful talk-based conversion therapy is," Kaplan said. "The ruling still does not give it credibility, and individuals still have a right to bring a malpractice action against a therapist for doing it," although minors cannot bring a malpractice suit on their own.

Kaplan added that the Supreme Court's ruling does not stop states from regulating severe aversion therapy practices that may use electric shock or nausea-inducing drugs.

Religious Groups Welcome the Ruling

The 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. "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, also praised the decision.

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

What Comes Next for Michigan

The next step in Michigan's conversion therapy case is a U.S. District Court meeting scheduled to occur in the next two weeks. Michigan Attorney General Nessel said her office is reviewing next steps in advance of that meeting.

Emme Zanotti, the senior director of movement and political affairs for Equality Michigan, said the impact of the Supreme Court's decision is not yet clear.

"The next step is to ensure that survivors of conversion therapy have the opportunity to seek justice and damages for the harm caused by the practice," Zanotti said.

Zanotti also noted that the practice of conversion therapy is misleading, especially for parents who lack exposure and education about LGBTQ+ communities and issues.

"I don't think parents going out and looking for, say, a conversion therapist, are necessarily doing it in bad or malicious faith. We should name the practice for what it is, which is incredibly deceptive," Zanotti said.

Medical Community Remains Opposed

Medical expert groups have consistently rejected conversion therapy. The American Psychological Association and the American Medical Association have both stated there is no evidence to suggest the practice works, and 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," said Jay Kaplan of the ACLU of Michigan. "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."

Sources:

• Michigan Attorney General News & Outreach: "Attorney General: AG Nessel, Governor Whitmer Disappointed with U.S. Supreme Court Ruling Against Colorado Ban on Conversion Therapy" — https://www.michigan.gov/ag/news/press-releases/2026/03/31/ag-nessel-governor-whitmer-disappointed-with-us-supreme-court-ruling

• Bridge Michigan: "Supreme Court ruling puts Michigan's conversion therapy ban in jeopardy" by Eli Newman — https://bridgemi.com/michigan-health-watch/supreme-court-ruling-puts-michigans-conversion-therapy-ban-in-jeopardy/

• Ottawa News Network: "After U.S. Supreme Court ruling, what's next for Michigan's conversion therapy ban?" — https://www.ottawanewsnetwork.org/after-u-s-supreme-court-ruling-whats-next-for-michigans-conversion-therapy-ban/

• Michigan State University Spartan Newsroom: "After U.S. Supreme Court ruling, what's next for Michigan's conversion therapy ban?" by Capital News Service — https://news.jrn.msu.edu/2026/04/after-u-s-supreme-court-ruling-whats-next-for-michigans-conversion-therapy-ban/

• WZZM 13: "VERIFY | Supreme Court's opinion in CO conversion therapy ban case, impact on MI ban" — https://www.wzzm13.com/article/news/politics/michigan-politics/verify-supreme-courts-opinion-in-colorado-conversion-therapy-ban-case-impact-on-mi-ban/69-bef87435-d392-4a5c-ad3a-c2f6beb875c9