Therapists in Michigan will no longer face disciplinary action for counselling children to become comfortable with their biological sex after a federal court permanently barred the state from enforcing its ban on so-called “conversion therapy” against licensed professionals engaged solely in talk therapy.
“This is a major victory for children, counselors, and common sense,” said Luke Goodrich, senior counsel at Becket, the religious liberty law firm representing the plaintiffs.
“Kids who are hurting deserve compassion, not a one-way ticket to harmful drugs, hormones, and surgery. Now counselors can offer compassionate counseling without fearing that state bureaucrats will come knocking,” he added.
US District Judge Jane Beckering issued the order on July 30, ruling that the state may not enforce the law “against licensed professionals who engage in therapy that consists exclusively of talking”.
In July 2024, Catholic therapist Emily McJones and the counselling ministry of Catholic Charities filed suit against the State of Michigan, arguing that the law violated their rights to free speech and the free exercise of religion, among other constitutional protections. The case became known as Catholic Charities v. Whitmer.
According to Becket, McJones has counselled children experiencing distress about their biological sex by helping them explore the underlying causes of that distress and, where possible, come to accept their bodies without resorting to irreversible medical interventions.
Under Michigan's law, licensed professionals who engaged in such counselling faced penalties including a fine of up to US$250,000 and the loss of their professional licence.
Under the terms of the judgment, the state has agreed not to enforce the law against the plaintiffs and will pay US$750,000 towards their legal costs.
“Michigan is now admitting its law is unconstitutional,” Goodrich said. “Its surrender confirms that the Constitution and the best available science are on the side of counselors who help children find peace with their bodies. States still trying to censor that care should take note.”
Kim Bush, spokeswoman for Michigan Attorney General Dana Nessel, said the attorney general's office was disappointed by the outcome.
“We remain deeply disappointed in this decision and have grave concerns for the implications this could bring for the safety and welfare of Michigan’s children,” she said.
The Michigan ruling comes months after the US Supreme Court struck down a similar Colorado law in Chiles v. Salazar. The Court ruled, by an 8–1 majority, that Colorado's prohibition on voluntary talk therapy encouraging a minor to identify with his or her biological sex violated the First Amendment's protection of free speech.
At the time of the Chiles decision, nearly half of US states had enacted similar restrictions on talk therapy for minors experiencing gender dysphoria.
