Supreme Court Ruling Puts Michigan's Conversion Therapy Ban in Jeopardy

8-1 Decision Invalidates Colorado Ban; Michigan Law Now Faces Legal Uncertainty

LANSING — The U.S. Supreme Court has ruled that Colorado's ban on conversion therapy for minors is unconstitutional, and the decision now puts Michigan's own ban on such practices in legal jeopardy.

The 8-1 Supreme Court decision said the Colorado law violated therapists' First Amendment guarantee of free speech. Justice Ketanji Brown Jackson wrote in dissent that "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?"

The ruling comes less than a month after Michigan's own conversion therapy ban was blocked by a federal appeals court in December. That case was filed 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.

Religious Groups See Victory; LGBTQ+ Advocates Express Concern

William Bloomfield, attorney for the Diocese of Lansing, welcomed the Supreme Court's decision.

"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 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, 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 said on X.

Meanwhile, Jay Kaplan, a staff attorney for the ACLU of Michigan's LGBTQ+ Project, said the ruling does not eliminate all forms of conversion therapy.

"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 explained that while the "talk therapy" portion of Michigan's ban appears to be invalid, other forms of conversion therapy that involve prescribing medications or adverse therapy remain in effect.

"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," Kaplan said.

Michigan Officials Review Next Steps

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.

Nessel called the ruling disappointing and harmful.

"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 in a statement.

Michigan Governor Gretchen Whitmer called the decision disappointing.

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.

"In December, a federal judge issued a preliminary injunction against enforcing Michigan's ban on conversion therapy while awaiting the Supreme Court's decision," Zanotti said.

That case was filed by Catholic Charities of Jackson, Lenawee and Hillsdale Counties. Zanotti said that 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.

"There's a very concerted effort by the folks who advocate for conversion therapy to try and conflate it with other things," Zanotti said.

The Science Behind the Debate

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.

However, the Supreme 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.

The ruling has implications beyond Michigan, as 23 states and the District of Columbia have restrictions on counseling similar to Colorado's, according to the Movement Advancement Project. Another four states have similar executive orders or administrative restrictions.

What's Next for Michigan

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.

"The Supreme Court decision is yet more evidence that religious freedom, free speech, and parental rights are invaluable," said Luke Goodrich, attorney for the Becket Fund for Religious Liberty.

Michigan officials said they will continue to monitor the situation as legal proceedings unfold.