Supreme Court ruling puts Michigan's ‘conversion therapy’ ban in jeopardy

The US Supreme Court ruled 8-1 to overturn a ‘conversion therapy’ ban in Colorado, which may impact about two dozen states with similar laws, including Michigan
A federal court blocked Michigan’s ban in December following a lawsuit filed by local Catholic organizations
Michigan’s LGBTQ+ advocates worry more youth will be impacted by the discredited intervention practice, while supporters of the ruling say it’s a victory for the First Amendment

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 US Supreme Court.

The Supreme Court on Tuesday ruled against a law banning “conversion therapy” for LGBTQ+ kids in Colorado, one of about two dozen states that ban the discredited practice.

The 8-1 high 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.

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.

RELATED:

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.

“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.”

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 Courtdecision “is yet more evidence that religious freedom, free speech, and parental rights are invaluable,” Goodrich wrote on the social media site X.

Gov. Gretchen Whitmer called the decision “disappointing,” and Michigan Attorney General Dana Nessel said her office is reviewing next steps in advance of a US 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.”

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 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,” he said.

The Associated Press contributed to this report.

Thank you to our Michigan Health Watch Sponsors

Bridge Michigan Health Watch is made possible by generous financial support from our sponsors. Sponsorship supports our independent journalism mission but does not constitute sponsor endorsement of individual articles or editorial content. Bridge Michigan journalism remains fact- and data-driven and independent at all times.

Please visit the About page for more information and to subscribe to Health Watch. Interested in becoming a sponsor? Contact Emma Carr.

Supreme Court ruling puts Michigan’s ‘conversion therapy’ ban in jeopardy

Related

We use cookies to measure our website traffic.