Michigan to Cease Enforcement of Conversion Therapy Ban Following Supreme Court Directive
In an unexpected turn of events, Michigan has agreed to halt the enforcement of its ban on conversion therapy for minors, which aims to alter their sexual orientation or gender identity. This decision comes as part of a legal agreement aligned with a recent U.S. Supreme Court ruling that invalidated a comparable statute in Colorado.
Michigan Attorney General Dana Nessel, who had previously advocated for the ban, finds the state’s position unavoidable. Public Information Director Kimberly Bush expressed the office’s disappointment, stating, “We remain deeply disappointed in this decision and have grave concerns for the implications this could bring for the safety and welfare of Michigan’s children.” The agreement acknowledges the plaintiffs’ entitlement to relief under the Supreme Court’s decision.
The legal challenge in Michigan was initiated by Catholic Charities of Jackson, Lenawee, and Hillsdale Counties and had been paused pending the Supreme Court’s decision. The U.S. Sixth Circuit Court of Appeals had similarly judged last year that the law infringes on the First Amendment rights of counselors engaging in conversion talk therapy.
Attorney Luke Goodrich from the Becket Fund for Religious Liberty remarked, “Michigan is acknowledging that its law is unconstitutional. It is illegal for Michigan to muzzle these counselors and deprive children of the help they need, and so with this result, the law is declared unconstitutional, and counselors are free to provide cautious counseling and children can get the care that they need,” he said.
Despite being discredited by numerous professional organizations for its detrimental effects on children’s mental health, conversion therapy bans were enacted in about 20 states, with Michigan Governor Gretchen Whitmer signing the law to ban conversion therapy three years ago.
Jay Kaplan, an LGBTQ rights attorney with the American Civil Liberties Union of Michigan, suggested other possible strategies the state might employ to contest conversion therapy practices. “We know that there are studies showing this is pretty much a fraudulent, discredited practice,” Kaplan stated. He proposed that the state could pursue civil litigation or enact a statute declaring conversion therapy as consumer fraud.
Additionally, Kaplan pointed out that the attorney general has the option to issue a formal opinion stating that conversion therapy contravenes Michigan’s consumer protection law.
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