By Ed White
The Associated Press
A federal appeals court this month 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 three-judge panel 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, both judges from Michigan who were appointed by presidents George W. Bush and Donald Trump, respectively.
They noted that the law permits counseling that helps someone undergoing a gender transition.
Michigan Attorney General Dana Nessel said the ban does not violate First Amendment rights because it regulates conduct rather than speech.
“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,” Nessel said in a statement. “I am disappointed with the Sixth Circuit’s ruling in this case, and fearful of where it will lead.”
Nessel said her office is evaluating next steps, “to ensure every child in Michigan can grow up knowing they are safe and valued in our communities.”
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, who was appointed by President Joe Biden, 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.
LGBTQ+ rights advocates have cited research suggesting that conversion therapy can increase the risk of suicide and depression.
