Supreme Court Ruling Puts Michigan Conversion Therapy Ban in Jeopardy as Federal Court Meeting Approaches

The U.S. Supreme Court ruled 8-1 to strike down a Colorado law banning conversion therapy for LGBTQ+ youth, a decision that may directly impact Michigan's similar law that has been blocked from taking effect since December.

The 8-1 high court majority sided with a Christian counselor who argued the law banning talk therapy violates the First Amendment. 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.

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.

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 Tuesday. "This ruling confirms that states cannot ban such counseling, as such laws violate the free speech clause of the First Amendment."

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

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

Gov. Gretchen Whitmer called the decision "disappointing," and Michigan Attorney General Dana Nessel said her office is reviewing next steps in advance of a US 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."

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

"This is still malpractice," he 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."

The Michigan law forbids professional counseling that seeks to change the sexual orientation or gender identity of minors.

Whitmer signed the Michigan law three years ago. Some parts of the state's law appear to remain enforceable, according to Jay Kaplan, staff attorney with the LGBTQ+ Rights Project of the American Civil Liberties Union-Michigan.

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, or medication that's prescribed. That's not addressed in this opinion.

Kaplan said the parties to the Michigan lawsuit are supposed to provide an update to the federal judge within the next 14 days.

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.

The Associated Press contributed to this report.