Court halts Michigan ban on conversion therapy

A federal district court in Michigan issued a permanent order Thursday allowing counselors to provide talk therapy to minors for help with same-sex attractions or gender dysphoria. The order halts the state from enforcing its ban on what opponents of such counseling call conversion therapy.

The order will enable counselors to speak with minors who are struggling with gender confusion, said Becket Fund for Religious Liberty, whose attorneys helped litigate the case. The order marked a major victory for children, counselors, and common sense, said Becket attorney Luke Goodrich. Counselors can now offer compassionate counseling without fearing punishment from the state, he said. Under the order, Michigan agreed that its ban against licensed counselors' and therapists’ speech was unconstitutional, according to Becket.

How did the case get here? In 2023, Democratic Gov. Gretchen Whitmer signed two bills into law that prohibited professionals from engaging in therapy with a minor aimed at altering their sexual orientation or gender identity. Supporters of the law have contended that conversion therapy harms children’s mental health.

A group of counselors and therapists, including Emily McJones, sued the state over the laws in 2024. The group said their talk-based therapy was compassionate and helped children struggling with discomfort over their biological sex. Last year, the 6th U.S. Circuit Court of Appeals ruled that Michigan’s laws likely violated the First Amendment.

Isn’t this similar to a recent Supreme Court ruling? The Supreme Court’s March decision in Chiles v. Salazar further emphasized that bans like these are unconstitutional, Becket said. There, the high court ruled against a similar Colorado counseling ban.

Dig deeper: Read my report for Roundups on two states attempting to work around the Chiles ruling.