Supreme Court Ruling Puts Michigan Conversion Therapy Ban on Hold

U.S. Supreme Court Decision Impacts State Law Protecting LGBTQ+ Youth

The U.S. Supreme Court ruled Tuesday against a law banning "conversion therapy" for LGBTQ+ minors in Colorado, casting significant doubt on Michigan's similar 2023 legislation that has been on hold since December.

The 8-1 high court majority sided with a Christian counselor who argued the Colorado 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.

"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.

Bloomfield, general counsel for the Catholic Diocese of Lansing, added, "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.

"This ruling is yet more evidence that religious freedom, free speech, and parental rights are invaluable," Goodrich wrote on social media.

State Officials React

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 within 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," Nessel added.

State Representative Jason Hoskins, 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."

Whitmer stated on a statement released by her office, "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."

What Remains Enforceable

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

"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," Kaplan said.

Kaplan noted that the ruling only applies to verbal counseling, so there are restrictions in Michigan's conversion therapy law that appear to be untouched by the decision.

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

That's not addressed in this opinion.

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

Michigan is one of more than 20 states with conversion therapy bans similar to the Colorado law that was struck down Tuesday by the U.S. Supreme Court.

Whitmer signed the Michigan law almost three years ago. It forbids professional counseling that seeks to change the sexual orientation or gender identity of minors.

"Today's Supreme Court ruling is disappointing, but it does not change who we are," Whitmer said.

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.