6th Circuit blocks Michigan’s ban on conversion therapy for minors

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A recent court ruling blocks a state law supported by Michigan Democrats banning conversion therapy targeting LGBTQ+ youth to change their sexual orientation or gender identity.

The law that took effect in 2024 prohibits mental health professionals from practicing conversion therapy with minors, subjecting violators to disciplinary action. It prompted a lawsuit alleging Michigan’s conversion therapy ban violates free speech that was brought by Catholic Charities of Jackson, Lenawee and Hillsdale Counties and Emily McJones, a Lansing-based therapist.

A federal judge in January denied their request for a preliminary injunction against the law. But in a 2-1 opinion Dec. 17, a U.S. 6th U.S. Circuit Court of Appeals panel reversed the lower court’s decision denying the preliminary injunction.

Writing for the majority, Judge Raymond Kethledge found that “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.” Michigan’s conversion therapy law amounts to a free speech ban that could result in the revocation of a professional therapist’s license and a fine of up to $250,000, Kethledge wrote. “Those facts are enough to show that the law ‘chills’ the plaintiffs’ speech,” he wrote. Judge Joan Larsen concurred.

In a dissent, Judge Rachel Bloomekatz wrote: “Scientific evidence now demonstrates that conversion therapy is ineffective and harmful.” Psychotherapy amounts to more than speech, she wrote, characterizing it as a kind of medical treatment that the state has the power to regulate. As such, the court’s majority opinion “ties states’ hands as to medically-repudiated practices like conversion therapy,” she added.

Bloomekatz also noted that the U.S. Supreme Court is poised to weigh in on conversion therapy and indicated that the appeals court should not have issued an opinion on the Michigan law before then.

Becket Religious Liberty for All — a nonprofit legal group that aims to defend religious expression and represents the plaintiffs — celebrated the outcome. “This is a victory for children nationwide,” said Luke Goodrich, senior counsel at Becket and lead attorney for the counselors, in a statement. “This ruling ensures that children who want it can receive compassionate, evidence-based counseling that alleviates their distress and helps them embrace their bodies without resorting to irreversible, life-altering medical interventions.”

Michigan Attorney General Dana Nessel‘s office, which represents the state in litigation challenging its laws, did not immediately provide a comment.

The Michigan law signed by Gov. Gretchen Whitmer in 2023 was among those crafted by Democratic legislative majorities and celebrated by LGBTQ+ advocates. That year, the governor and Democrats also expanded the state’s civil rights law to explicitly bar discrimination based on sexual orientation, gender identity and gender expression.

This article originally appeared on Detroit Free Press.