Federal appeals court gives Catholic groups new chance to overturn Michigan’s conversion therapy ban

Updated 4:18 p.m.

The U.S. Sixth Circuit Court of Appeals ruled in a 2-1 decision along ideological lines to grant an injunction to Catholic Charities of Jackson, Lenawee and Hillsdale Counties, who sued in 2024 to overturn the state’s ban on LGBTQ+ conversion therapy, arguing that it infringes on their First Amendment rights.

The appellate court’s decision overturned a decision in the Western District of Michigan, which denied injunctive relief to the Catholic groups and kept the state’s ban in place. 

“We hold, therefore, that HB 4616 is subject to the strictest of scrutiny, under the First Amendment, as a content- and viewpoint-discriminatory restriction upon speech,” Circuit Court Judge Raymond Kethledge wrote in his decision, joined by Judge Joan Larsen. “Indeed, as a viewpoint-based restriction on speech, under the Supreme Court’s precedents, HB 4616 might be unconstitutional per se.”

Lawsuit seeks to overturn Michigan’s ban on conversion therapy for minors

Kethledge was nominated to the federal bench by former President George W. Bush, while Larsen, who formerly served on the Michigan Supreme Court, was nominated by President Donald Trump during his first term. 

The law in question, House Bill 4616 of 2023, banned conversion therapy, which Gov. Gretchen Whitmer defined in a press release at the time as “Any intervention that attempts to change an individual’s sexual orientation or gender identity.”

In order to meet the strict scrutiny requirement, the government must show that the law is the “least restrictive means of achieving a compelling government interest” — which Kethledge said that the government had not yet met.

The sole liberal judge on the court, Judge Rachel Bloomekatz, dissented, writing that “Not all words receive the same First Amendment protection, as is evident from the law’s long tradition of subjecting speech that administers a medical treatment to lesser First Amendment scrutiny.” 

She added that the medical consensus around conversion therapy is that it is harmful and should not be done, and that it was created as an idea when both homosexuality and gender identity were considered mental illnesses. 

Bloomekatz was nominated to the federal bench by former President Joe Biden.

Federal judge denies request to ax Michigan’s ban on conversion therapy

The American Academy of Child and Adolescent Psychiatry — in alignment with a number of other medical groups — has said that conversion therapies “lack scientific credibility and clinical utility” and that “there is evidence that such interventions are harmful.” As such, the group states that these kinds of attempted treatments should not be part of any behavioral health treatment for children or teens. 

Attorney General Dana Nessel wrote in a statement that she was “disappointed” by the court’s ruling. 

“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,” she said. “If therapists are permitted to harm their clients under the guise of ‘free speech,’ it’s only a matter of time before other licensed professions receive their own carveout. My department is currently evaluating our options in this case, and we will continue our work to ensure every child in Michigan can grow up knowing they are safe and valued in our communities.” 

Over half of U.S. states, including some deep red states, have conversion therapy bans in place, but the question of their constitutionality is set to be decided by the U.S. Supreme Court in a case contesting a similar ban in Colorado. If the Supreme Court rules against Colorado, Michigan’s ban would all but certainly be overturned as well, regardless of the outcome of this case.

This story was updated to include a statement from Attorney General Dana Nessel.