A federal appeals court on Wednesday blocked Michigan's ban on conversion therapy for minors who are LGBTQ+, declaring it violates the First Amendment rights of therapists and counselors.
In a 2-1 opinion, the court said the law illegally restricts speech that reflects the moral beliefs of therapists. It set aside a lower court's ruling and granted a preliminary injunction sought by Catholic Charities of Jackson, Lenawee and Hillsdale Counties.
“The Michigan law discriminates based on viewpoint — meaning the law permits speech on a particular topic only if the speech expresses a viewpoint that the government itself approves,” Judge Raymond Kethledge wrote, joined by Judge Joan Larsen.
They noted that the law permits counseling that helps someone undergoing a gender transition.
The court's decision comes more than two months after the U.S. Supreme Court heard arguments in a Colorado case that could resolve the issue nationwide.
In a dissent, Judge Rachel Bloomekatz said the 6th U.S. Circuit Court of Appeals should have waited for the Supreme Court to act.
The Michigan bill was passed by the Democratic-controlled Legislature and signed into law in 2023 by Democratic Governor Gretchen Whitmer, who said conversion therapy is a “horrific practice.” Therapists could lose their license if they violate the law. More than 20 states have a similar law.
LGBTQ+ rights advocates have cited research suggesting conversion therapy can increase the risk of suicide and depression.
Michigan Attorney General Dana Nessel issued a statement in response to the ruling:
“Conversion therapy is a destructive, demoralizing, and debunked practice that medical experts agree increases the risk of suicide and depression in the young people forced to endure it. I am disappointed with the Sixth Circuit’s ruling in this case, and fearful of where it will lead. If therapists are permitted to harm their clients under the guise of ‘free speech,’ it’s only a matter of time before other licensed professions receive their own carveout. My department is currently evaluating our options in this case, and we will continue our work to ensure every child in Michigan can grow up knowing they are safe and valued in our communities.”
