Court blocks Michigan ban on conversion therapy on free speech grounds

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.

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DETROIT — 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 Gov. 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.

“This is a victory for children nationwide,” said Luke Goodrich, senior counsel at Becket and lead attorney for the counselors.

“Michigan’s law was pushing children toward irreversible medical procedures that cause lasting harms. 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,” he added.

LGBTQ+ rights advocates have cited research suggesting conversion therapy can increase the risk of suicide and depression.

Crux Now contributed to this report.