A federal judge has rejected a motion to put a hold on the Michigan law that bans the discredited practice of conversion therapy on LGBTQ minors.
A Catholic charity argues the ban violates due process, speech, and religious freedom rights. But U.S. District Court Judge Jane Beckering ruled earlier this week that states are allowed to govern the practices of licensed professionals.
“The United States Supreme Court has long recognized that States have broad power to regulate the practice of licensed professionals within their boundaries,” wrote Beckering in the preliminary ruling. The parties will continue to file arguments, but it would be unusual for a judge to change course after a ruling that one side’s case appeared to fall short.
“Mental health professionals play pivotal roles and hold unique positions of trust and authority with their minor clients,” she wrote. “In passing the new law, Michigan legislators found that treating children with conversion therapy fell below prevailing standards of care, and Michigan legislators targeted the specific and devastating harms to children that result from conversion therapy, including dramatically increased risks of depression and suicide.”
Conversion therapy is a pseudoscientific practice that tries to change a person’s sexual orientation or gender identity. The ruling applies strictly to minors and would not necessarily prevent adults from seeking the controversial and discredited treatment.
Catholic Charities of Jackson, Lenawee, and Hillsdale Counties did not respond to a message seeking comment, including whether it plans to appeal the ruling.
University of Michigan psychology professor Craig Rodriguez-Seijas said the decision follows the profession’s determination that conversion therapy is not a recognized practice
“It comes from this premise that sexual orientation or gender identity needs to be changed. There’s some right or wrong way,” he told Michigan Public Radio. “That’s not the case. This has existed for the longest time. There is variability in sexuality and gender identity and that’s just the way things are. So, to say that people come into the clinic with a need to change really doesn’t help.”
Governor Gretchen Whitmer signed the changes to the state’s mental health code in 2023 and they took effect roughly a year ago. Twenty other states and the District of Columbia have similar laws.
“States have a duty to shield their residents, especially kids, from treatments proven to cause devastating harm, and I am glad the Court denied this request to block the enforcement of this critical law,” said Michigan Attorney General Dana Nessel in an emailed statement. “My office will continue to work to dismiss this lawsuit to protect Michigan’s youth.”
