AG Nessel Disappointed with Federal Court Ruling Challenging Michigan’s Ban on Conversion Therapy

LANSING – The Sixth Circuit Court of Appeals ruled yesterday (PDF) in favor of Catholic Charities of Jackson, Lenawee, and Hillsdale Counties and an individual psychologist who sought to block the enforcement of Michigan’s state ban on the practice of conversion therapy. In a 2-1 opinion, the Sixth Circuit reversed the district court’s previous denial of Plaintiffs’ motion for a preliminary injunction, and remanded the case to district court “for prompt entry of a preliminary injunction consistent with this opinion.” 

Michigan Attorney General Dana Nessel issued the following statement in response to the 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. I am disappointed with the Sixth Circuit’s ruling in this case, and fearful of where it will lead. 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.” 

The lawsuit challenges changes to the Michigan Mental Health Code, signed into law by Governor Whitmer in 2023 and which took effect in February of 2024, to prohibit any Michigan-licensed mental health professional from engaging in conversion therapy with a minor. The Plaintiffs allege that the law violates their due process, free speech, and free exercise rights – claims that Attorney General Nessel firmly rejects.

The Attorney General argues the state ban on conversion therapy does not violate the Plaintiffs’ constitutional rights because, as a prohibition of a form of treatment provided by licensed mental health professionals, it regulates conduct as opposed to protected speech. The Supreme Court has long recognized states’ authority to regulate medical professions in this way. Michigan is one of 22 states to enact a ban on the practice of conversion therapy for minors. The State, argues the Attorney General, has a compelling interest in protecting children from a treatment known and documented to cause devastating harm. 

The United States Supreme Court heard arguments in early October to determine whether a similar law in Colorado that bans conversion therapy for minors can withstand judicial scrutiny. In her dissent, Judge Rachel Bloomekatz of the Sixth Circuit Court of Appeals believed the Sixth Circuit should have waited to rule until the Supreme Court had issued their decision in Chiles v. Salazar, which is expected to be issued this term. 

Judge Bloomekatz wrote, in part, “In forging ahead despite Chiles, the majority opinion appears to break new ground. Our general practice is to wait for the Supreme Court’s guidance when it is slated to decide a case that will govern our analysis, especially when the Supreme Court’s review is further along than ours. Our sister circuits do the same. The majority opinion does not cite to a single example where we pushed forward and resolved an appeal in circumstances like these.”

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