Michigan is one of more than 20 states with conversion therapy bans similar to the Colorado law that was struck down Tuesday by the U.S. Supreme Court.
Governor Gretchen Whitmer signed the Michigan law almost three years ago. It forbids professional counseling that seeks to change the sexual orientation or gender identity of minors.
Whitmer said the state is considering its next steps following the Supreme Court decision.
“Today’s Supreme Court ruling is disappointing, but it does not change who we are,” Whitmer said on a statement released by her office. “Michigan will never support any practice that harms or shames LGBTQ+ youth. As long as I'm governor, every young person deserves the right to grow up safe, supported, and free to be themselves.”
The Michigan law has been on hold since a December ruling by the U.S. Sixth Circuit Court of Appeals. In that case, Catholic Charities of Jackson, Lenawee and Hillsdale Counties filed a free speech legal challenge to the ban.
“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 William Bloomfield, general counsel for the Catholic Diocese of Lansing. “This ruling confirms that states cannot ban such counseling, as such laws violate the free speech clause of the First Amendment.”
But state Representative Jason Hoskins (D-Southfield), who sponsored the law, said the decision does not make conversion therapy an accepted medical practice.
“This is still malpractice,” he said. “It’s consumer fraud, literally, to call it conversion therapy when it’s not really therapy in the eyes of every major medical organization. It’s still something we can fight against, but it’s just disheartening to see this ruling come through.”
Michigan Attorney General Dana Nessel said her office is examining its options ahead of the next appearance before a federal judge in the case.
“Free speech is a sacred right in America, but it should not provide a runway in which medical professionals can actively harm their patients,” she said.
Some parts of the state’s law appear to remain enforceable, said Jay Kaplan, staff attorney with the LGBTQ+ Rights Project of the American Civil Liberties Union-Michigan. He said the decision only applies to verbal counseling, so there are restrictions in Michigan’s conversion therapy law that appear to be untouched by the ruling.
“The court opinion did not address the issue of physical aversion therapy,” said Kaplan, “or medication that’s prescribed. That’s not addressed in this opinion.”
The parties to the Michigan lawsuit are supposed to provide an update to the federal judge overseeing it within the next 14 days.
