Catholic charities sue over Michigan's ban on conversion therapy on LGBTQ+ minors

Religious groups have filed a lawsuit in federal court challenging Michigan’s ban on conversion therapy, alleging a law signed last year by Gov. Gretchen Whitmer violates free speech.

A complaint filed Friday in the U.S. District Court for the Western District of Michigan states the law violates the free speech rights of counselors “based on its content and viewpoint and cannot satisfy strict scrutiny in the state.”

The lawsuit was filed on behalf of the Catholic Charities of Jackson, Lenawee and Hillsdale Counties and Emily McJones, a Lansing-based therapist. Attorneys with the Becket Fund for Religious Liberty, a nonprofit legal group that aims to defend religious expression, are representing the plaintiffs.

Last year, Democratic lawmakers and Whitmer banned licensed mental health professionals in Michigan from practicing conversion therapy on LGBTQ+ minors. Conversion therapy is the practice of trying to change an individual's sexual orientation or gender identity through counseling or psychoanalysis, according to the American Academy of Child and Adolescent Psychiatry (AACAP).

The groups suing the state over the ban argue it violates their free speech, free exercise of religion and due process rights because it limits how they can practice counseling minors who are questioning their gender identity or sexual orientation. The lawsuit specifically names House Bill 4616, which Whitmer signed into law last July.

“Because Plaintiffs are chilled or prohibited from discussing issues of human sexuality and gender identity, their clients are denied access to ideas they wish to hear and to counseling that would help them live consistently with their own personal, religious, and life goals,” the lawsuit alleges.

The case has been assigned to U.S. District Judge Jane Beckering in Grand Rapids. Beckering is an appointee of President Joe Biden. The lawsuit filed Friday seeks a jury trial, a preliminary injunction against Michigan’s conversion therapy ban, and damages and attorney fees for plaintiffs.

Whitmer, Attorney General Dana Nessel, state health and licensing officials and members of the state’s Board of Counseling, Board of Social Workers and Board of Psychology are listed as defendants.

A spokesperson for the Attorney General's office said it was reviewing the lawsuit.

Michigan is one of 23 states banning conversion therapy, according to the Movement Advance Project, a think tank focused on advancing equality.

Under the bills passed to enact Michigan’s ban on the practice, the definition of conversion therapy would not include counseling for individuals undergoing gender transition, counseling for those coping with questions about their sexual orientation or gender identity, or interventions for unlawful sexual conduct or abuse, so long as the interventions don't attempt to change an individual's sexual orientation or gender identity.

According to AACAP, there is no evidence conversion therapy is effective, however, there is evidence the practice can be harmful to children’s development.

When it was signed into law, the ban was commended by LGBTQ+ advocates in Michigan.

“Today, we are banning the horrific practice of conversion therapy in Michigan and ensuring this is a state where you can be who you are," Whitmer said in a statement when the legislation was signed.

Contact Arpan Lobo: [email protected]

This article originally appeared on Detroit Free Press: Lawsuit: Michigan's ban on conversion therapy should be struck down