Supreme Court Ruling Against Colorado Conversion Therapy Ban Casts Doubt on Michigan's 2023 Law

Federal Court Decision Threatens Michigan's 2023 Conversion Therapy Ban

LANSING — A landmark U.S. Supreme Court ruling Tuesday that rejected Colorado's ban on conversion therapy for LGBTQ+ minors has thrown Michigan's own 2023 law into legal limbo, as federal courts across the 6th Circuit have already blocked Michigan's ban on similar grounds.

The 8-1 Supreme Court decision in favor of Colorado Christian therapist Kaley Chiles finds that the state's prohibition on conversion therapy for minors violates First Amendment free speech rights, a ruling that casts doubt on similar bans in more than 20 other states.

Michigan's conversion therapy ban, passed by the Democratic-controlled Legislature and signed into law in 2023 by Governor Gretchen Whitmer, prohibited licensed mental health professionals from engaging in therapy aimed at changing a minor's sexual orientation or gender identity. The law carried penalties including license revocation for violations.

Michigan's Ban Already Struck Down

Michigan's conversion therapy ban was already ruled unconstitutional in December 2025 by the 6th Circuit Court of Appeals, which issued a 2-1 decision in favor of Catholic Charities of Jackson, Lenawee and Hillsdale Counties and an individual psychologist who challenged the law on free speech grounds.

Judge Raymond Kethledge, joined by Judge Joan Larsen, wrote that the Michigan law discriminates based on viewpoint, permitting counseling that helps someone undergoing a gender transition while banning therapy that seeks to change a minor's orientation or identity.

"The Michigan law discriminates based on viewpoint — meaning the law permits speech on a particular topic only if the speech expresses a viewpoint that the government itself approves," Judge Kethledge wrote in the December ruling.

The court's decision granted a preliminary injunction sought by Catholic Charities and individual counselor Emily McJones, effectively blocking enforcement of Michigan's 2023 ban.

Governor Whitmer's Response

Governor Gretchen Whitmer has long spoken out against conversion therapy, calling it a "horrific practice" that can harm vulnerable youth. In a December 2025 statement, she said the law was necessary to protect Michigan's LGBTQ+ youth.

In the wake of the Supreme Court ruling, Whitmer said Michigan will never support practices that harm or shame LGBTQ+ youth, and that "as long as I'm governor, every young person deserves the right to grow up safe, supported, and free to be themselves."

Attorney General Nessel's Position

Michigan Attorney General Dana Nessel has been vocal in her opposition to conversion therapy. In December 2025, she issued a statement condemning the 6th Circuit ruling:

"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. I am disappointed with the Sixth Circuit's ruling in this case, and fearful of where it will lead. If therapists are permitted to harm their clients under the guise of 'free speech,' it's only a matter of time before other licensed professions receive their own carveout. My department is currently evaluating our options in this case, and we will continue our work to ensure every child in Michigan can grow up knowing they are safe and valued in our communities."

Nessel emphasized that medical experts have long debunked conversion therapy as a practice that increases depression and suicide risk among LGBTQ+ youth.

The Supreme Court Decision

The Supreme Court's 8-1 ruling in Colorado was authored by Justice Neil Gorsuch, who rejected the state's argument that its law regulated professional conduct rather than protected speech.

"Colorado may regard its policy as essential to public health and safety. Certainly, censorious governments throughout history have believed the same. But the First Amendment stands as a shield against any effort to enforce orthodoxy in thought or speech in this country," Gorsuch wrote.

The court embraced Chiles' argument that the Colorado law regulates speech, not conduct, distinguishing it from other health care regulations that focus on conduct.

Liberal Justice Ketanji Brown Jackson was the sole dissenter, arguing that the court's opinion misreads precedents on the responsibility of states to regulate the medical profession for the protection of public health.

What Conversion Therapy Is

Conversion therapy, favored by some religious conservatives, seeks to encourage gay or lesbian minors to identify as heterosexual and for transgender children to identify with the gender assigned to them at birth.

The practice is widely discredited by major medical organizations, including the American Medical Association, the American Psychological Association, and the American Academy of Pediatrics. Medical research has found conversion therapy to be ineffective and potentially harmful, with studies showing it increases the risk of suicide among people subjected to such practices.

Impact on Michigan

The Supreme Court ruling means that Michigan's conversion therapy ban is now on shaky legal ground, even though it was already blocked by the 6th Circuit in December 2025.

The law prohibited licensed mental healthcare providers from seeking to change a minor's sexual orientation or gender identity according to a predetermined outcome, with each violation punishable by a fine of up to $5,000 under Colorado's law, though Michigan's law carried different penalties including license revocation.

LGBTQ+ Advocates' Response

Jay Kaplan, staff attorney for the ACLU of Michigan's LGBTQ+ Project, stated: "We know how many, particularly young people, have been harmed by conversion therapy. We will continue to educate communities about the dangers of conversion therapy, support those who have been harmed, and work to ensure that every young person in our state has access to safe, affirming, and supportive communities and health care providers."

Emme Zanotti, senior director of movement building and political affairs at Equality Michigan, added: "We will continue to educate communities about the dangers of conversion therapy, support those who have been harmed, and work to ensure that every young person in our state has access to safe, affirming, and supportive communities and health care providers."

The Broader Legal Battle

The case represents a broader national legal battle between LGBTQ+ rights advocates and religious conservatives. The Supreme Court has a 6-3 conservative majority that has frequently ruled in favor of Christian conservatives who bring free speech cases touching upon their religious beliefs.

Earlier this year, the court backed a religious rights challenge to a Maryland school district's policy of featuring LGBTQ-themed books in elementary schools without providing an opt-out option for families.

The Supreme Court ruling follows a similar 2018 decision in which the conservative majority backed a free speech challenge to a California law requiring anti-abortion pregnancy centers to notify clients about where abortion services can be obtained.

What Comes Next

The Supreme Court ruling directs lower courts to conduct further proceedings applying a more rigorous First Amendment standard to the law. The case will now return to the lower courts for additional proceedings.

Michigan's legal situation remains uncertain, with the state's Attorney General's office currently evaluating options following the 6th Circuit's December 2025 ruling.

The broader implications extend to more than 20 other states that have similar laws banning conversion therapy for minors, raising questions about whether these bans can survive constitutional scrutiny.