The U.S. Supreme Court's 8-1 ruling against Colorado's conversion therapy ban is expected to have immediate ripple effects in Michigan, where a similar ban on counseling minors about their sexual orientation or gender identity has been on hold since December 2025.
The high court's decision in Chiles v. Salazar, issued on March 31, sided with a Christian licensed counselor who challenged Colorado's law on free speech grounds, ruling that the state was "censoring speech based on viewpoint." Justice Neil Gorsuch wrote that the First Amendment stands as "a shield against any effort to enforce orthodoxy in thought or speech in this country."
Michigan's conversion therapy ban, signed into law by Governor Gretchen Whitmer in July 2023, has been preliminarily enjoined since December when the U.S. Sixth Circuit Court of Appeals ruled in favor of Catholic Charities of Jackson, Lenawee and Hillsdale counties. The appeals court panel noted that Michigan's law was "materially indistinguishable" from Colorado's, and any decision on the Colorado case would hold precedence.
The Michigan law prohibits licensed therapists from engaging in conversion therapy with minors, defined as "any practice or treatment by a mental health professional that seeks to change an individual's sexual orientation or gender identity." The ban does not include counseling that provides assistance to individuals undergoing gender transition, or counseling that provides acceptance, support or understanding of an individual. Violations carry penalties including loss of license or fines up to $250,000.
Attorney General Dana Nessel and Governor Whitmer expressed disappointment with the Supreme Court ruling in a joint statement. Nessel said her office is reviewing the decision ahead of a meeting with parties in the Michigan lawsuit to determine next steps.
"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.
Whitmer added, "Today's Supreme Court ruling is disappointing, but it does not change who we are. 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."
Republican State Representative Jason Hoskins, who sponsored Michigan's ban while in the Legislature, 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."
Hoskins added that survivors still have legal options including consumer fraud claims and medical malpractice suits.
The Michigan lawsuit involves Catholic counselor Emily McJones and Catholic Charities of Jackson, Lenawee and Hillsdale counties, represented by the Becket Fund for Religious Liberty. The plaintiffs argue the ban violates their First Amendment rights and free exercise of religion.
Becket Fund attorney Luke Goodrich said, "The Supreme Court held that trying to control the viewpoint that counselors can express during counseling conversations is an 'egregious form of content discrimination' that the First Amendment forbids."
Goodrich added, "This ruling follows and cites Becket's landmark victory in Catholic Charities v. Whitmer, in which the 6th Circuit became the first federal appeals court to block a statewide counseling ban of this kind."
The Michigan case is now preliminarily enjoined, with parties expected to meet and update the U.S. District Court for the Western District of Michigan within 14 days about what should happen next.
Jay Kaplan, staff attorney with the LGBTQ+ Rights Project of the American Civil Liberties Union-Michigan, said some parts of Michigan's law may remain enforceable.
"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 Michigan law also bans the use of state or federal funding to support conversion therapy efforts on minors.
The Colorado ruling came in an 8-1 decision, with Justice Ketanji Brown Jackson writing a solo dissent. Jackson argued that states should be free to regulate health care, even if that means incidental restrictions on speech.
"The decision opens a dangerous can of worms that threatens to impair states' ability to regulate medical care providers," Jackson wrote.
The plaintiffs in Michigan's case include the Catholic Diocese of Lansing and licensed therapists who offer faith-based counseling to minors struggling with questions about their gender identity or same-sex attraction. William Bloomfield, general counsel for the Catholic Diocese of Lansing, said, "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."
The Becket Fund has successfully argued several religious liberty cases before the U.S. Supreme Court and filed an amicus brief supporting the Michigan plaintiffs.
"This ruling confirms that states cannot ban such counseling, as such laws violate the free speech clause of the First Amendment," Bloomfield said.
The case represents a significant legal and political development in Michigan, with implications for LGBTQ+ youth, religious freedom, and the state's approach to mental health care regulation. The outcome could reshape how Michigan addresses conversion therapy and counseling practices involving minors.