U.S. Supreme Court Blocks Michigan Conversion Therapy Ban, Opening Door for Catholic Charities Challenge

U.S. Supreme Court Blocks Michigan Conversion Therapy Ban, Opening Door for Catholic Charities Challenge

A Michigan law meant to protect LGBTQ+ youth from mental health interventions designed to change their sexual orientation or gender identity was dealt another blow following a recent decision from the U.S. Supreme Court.

The high court ruled against a similar ban in Colorado on Tuesday, siding with a Christian counselor who argued the law violates the First Amendment. Michigan's law, passed under a Democratic majority in 2023, faces the same legal challenge from Catholic Charities of Jackson, Lenawee and Hillsdale Counties.

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.

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— William Bloomfield, general counsel for the Catholic Diocese of Lansing

A federal appeals court ruled in favor of the Michigan Catholic Charities group 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.

What the Ruling Means for Michigan

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 on the social media site X.

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.

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

Michigan Officials React

Gov. Gretchen Whitmer called the decision disappointing. Michigan 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.

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.

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.

State Representative Jason Hoskins, a Democrat from 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.

What Parts of the Law Remain Enforceable

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.

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.

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

The Legal Timeline

The parties to the Michigan lawsuit are supposed to provide an update to the federal judge overseeing it within the next 14 days. The general counsel for the Diocese of Lansing 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.

Background on the Law

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. Governor Gretchen 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.

Whitmer said the state is considering its next steps following the Supreme Court decision.

A federal appeals court has blocked Michigan's ban on conversion therapy for minors on free speech grounds.

What the Law Allows

The law permits treatments that provide assistance to a person undergoing gender transition, as well as therapies centered on acceptance, support and understanding for identity exploration and development.

The law prohibits licensed mental healthcare providers from seeking to change a minor's sexual orientation or gender identity according to a predetermined outcome, with each violation punishable by a fine of up to $5,000. This includes attempts to reduce or eliminate same-sex attraction or change behaviors or gender expressions.

Medical groups such as the American Psychological Association have cited studies showing that this type of talk therapy has been associated with harms including an increased likelihood of transgender minors attempting suicide or running away from home.

Opposition Groups Respond

Emme Zanotti, senior director of movement building and political affairs at Equality Michigan, said the group will continue to educate communities about the dangers of conversion therapy, support those who have been harmed, and work to ensure that every young person in our state has access to safe, affirming, and supportive communities and health care providers.

Kaplan agreed. What we have to do is continue talking out against this practice.

The Associated Press contributed to this report.