A recent decision by the Sixth Circuit Court of Appeals has stirred controversy in Michigan as it challenges the state's ban on conversion therapy. As noted in a press release from Michigan Attorney General Dana Nessel's office, the federal court sided with Catholic Charities of Jackson, Lenawee, and Hillsdale Counties, along with an individual psychologist, in the pursuit of a preliminary injunction against the ban. The court's 2-1 opinion reverses a previous district court decision, requiring a swift response from the lower court to align with this new directive.
AG Nessel expressed her concerns regarding this latest development, stating, "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 fears the repercussions of the ruling will go beyond the present case, potentially causing harm under the protection of 'free speech' and thereby impacting other licensed professions. This case springs out of changes made to the Michigan Mental Health Code, put into action by Governor Whitmer in 2023 to protect minors from the widely discredited practice of conversion therapy, as per the Michigan Department of Attorney General.
The Plaintiffs in the case argue that the prohibition infringes upon their due process, free speech, and free exercise rights, a claim that AG Nessel and her department reject. Citing Supreme Court precedents, Nessel argues the state ban on conversion therapy for licensed mental health professionals is a regulation of conduct, not of protected speech, and thus within the realm of the state's authority to regulate medical professions. Michigan represents one of 22 states that have taken legislative action to ban conversion therapy for minors, emphasizing the state's compelling interest in shielding children from harm.
Awaiting a potentially influential Supreme Court ruling on a similar law in Colorado, Judge Rachel Bloomekatz of the Sixth Circuit expressed dissent at her colleagues' swift action. "In forging ahead despite Chiles, the majority opinion appears to break new ground," Judge Bloomekatz opined, per the Attorney General's Office. She took issue with the majority's decision to proceed before the Supreme Court had the chance to weigh in on Chiles v. Salazar, a case expected to be decisive for the ongoing legal debates surrounding conversion therapy bans.
The repercussions of the Sixth Circuit's decision and the pending Supreme Court verdict carry significant weight for the legal landscape affecting LGBTQ+ rights and the scrutiny of state-level health care regulations. Meanwhile, Michigan’s Attorney General's office is reviewing its options following this recent federal court setback in its efforts to protect minors from conversion therapy.
