Court blocks Michigan ban on conversion therapy on free speech grounds
A federal appeals court has overturned Michigan's ban on conversion therapy for LGBTQ+ minors, ruling that it infringes on the First Amendment rights of therapists. The court emphasized that the law discriminates based on viewpoint, allowing only government-approved speech. This decision, which grants a preliminary injunction sought by Catholic Charities, comes amidst ongoing discussions at the Supreme Court regarding similar cases. The ban, enacted by a Democratic-controlled legislature, was criticized by advocates who argue that conversion therapy can lead to severe mental health issues. The ruling raises questions about the future of similar laws in multiple states.
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The court's 2-1 decision highlighted that the Michigan law restricts therapists' freedom to express their moral beliefs, a violation of their First Amendment rights.
Judge Raymond Kethledge, supported by Judge Joan Larsen, pointed out that the law permits counseling for gender transitions but bans other forms of therapy based on viewpoints.
The dissenting opinion by Judge Rachel Bloomekatz suggested that the 6th U.S. Circuit Court of Appeals should have deferred its decision until the Supreme Court ruled on related cases.
The conversion therapy ban was enacted in 2023 by Michigan's Democratic governor and legislature, labeling the practice as harmful.
Research cited by LGBTQ+ advocates indicates that conversion therapy can elevate the risks of suicide and depression in affected individuals.
Over 20 states have implemented similar bans on conversion therapy, and the ongoing legal battles may shape future legislation across the nation.