U.S. Supreme Court Ruling on Colorado Conversion Therapy Ban Could Force Michigan to Discard Law

Supreme Court Decision in Chiles v. Salazar Impacts Michigan's Contested Ban on LGBTQ+ Counseling for Minors

U.S. Supreme Court Ruling on Colorado Conversion Therapy Ban Could Force Michigan to Discard Law

LANSING — A near-unanimous U.S. Supreme Court ruling striking down Colorado's ban on conversion therapy for minors has immediate implications for Michigan's similar law, which has been on hold since a federal appeals court blocked it on free speech grounds.

In the Chiles v. Salazar decision, the high court ruled 8-1 that Colorado's law violated the First Amendment by telling therapists they could not help young people struggling with unwanted same-sex attraction or gender dysphoria. Justice Ketanji Brown Jackson was the lone dissenter, arguing the First Amendment has far less salience where medical regulations are concerned.

Michigan Law Faces Same Legal Challenge

A lawsuit brought by Catholic Charities of Jackson, Lenawee and Hillsdale Counties against Michigan's conversion therapy ban has been on hold since January, when U.S. District Judge Jane Beckering granted a temporary injunction. The Catholic charities offer a variety of therapy services including for issues of gender identity and sexuality.

Luke Goodrich, vice president and senior counsel at the Becket Fund for Religious Liberty, told EWTN News on April 1 that the Supreme Court ruling "definitely" applies to the Michigan suit.

"The laws in Colorado and Michigan are almost verbatim identical, and Michigan itself has said that the laws and cases are nearly identical, and that whatever happens in Chiles will happen in Michigan," Goodrich said.

Attorneys for the Catholic Charities groups emailed the Michigan government shortly after the Supreme Court ruling on March 31.

"We're going to have a phone call next week and see what they plan to do," Goodrich said. "When it paused the case, the court ordered the parties, within 14 days of the Chiles decision, to talk to each other and then jointly tell the court what we're going to do."

What Remains Enforceable in Michigan

Jay Kaplan, staff attorney with the ACLU of Michigan's LGBTQ+ Project, said the Supreme Court decision only applies to verbal counseling.

"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."

Kaplan said even before the Supreme Court decision, Michigan's law included provisions to allow counseling aimed at changing a minor's sexuality or gender identity if it took place in a religious setting.

State Officials Respond to Ruling

Michigan Attorney General Dana Nessel called the Supreme Court ruling disappointing and harmful.

"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 press release.

Governor Gretchen Whitmer also weighed in on the decision.

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

Legislative Sponsor's Response

State Representative Jason Hoskins, a Democrat from Southfield who sponsored Michigan's conversion therapy ban, 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."

Next Steps for Michigan Case

The parties to the Michigan lawsuit are supposed to provide an update to federal Judge Jane Beckering within the next 14 days.

Emme Zanotti, senior director of movement and political affairs for Equality Michigan, said the impact of the Supreme Court 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.

The Science Behind Conversion Therapy

Conversion therapy is the scientifically discredited practice of using therapy to convert LGBTQ+ people to heterosexuality or traditional gender expectations. It is occasionally referred to as reparative therapy by advocates for the practice.

The Supreme Court majority opinion stated that the Colorado law's targeting of medical officials "changes nothing" regarding free speech precedent.

"The Constitution does not protect the right of some to speak freely; it protects the right of all," the majority wrote. "It safeguards not only popular ideas; it secures, even and especially, the right to voice dissenting views."

Justice Jackson's dissent argued that the ruling was problematic where medical matters are concerned.

"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?" Jackson asked in her dissent.

Background on Michigan's Law

Governor Whitmer signed Michigan's conversion therapy law almost three years ago. The law forbids professional counseling that seeks to change the sexual orientation or gender identity of minors.

In December, a federal appeals court issued a preliminary injunction against enforcing Michigan's ban on conversion therapy while awaiting the Supreme Court's decision. That case was filed by Catholic Charities of Jackson, Lenawee and Hillsdale Counties.

The Catholic Diocese of Lansing filed the lawsuit challenging the ban. William Bloomfield, general counsel for the Catholic Diocese, said the ruling confirms that states cannot ban such counseling.

"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.