Court blocks Michigan ban on conversion therapy on free speech grounds

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.