Michigan Ends Unconstitutional Ban on Talk Therapy for Sexually Confused Minors

by Jeff Johnston | August 3, 2026 | Culture Sexuality

In a major victory for free speech, Michigan agreed to stop censoring counselors who provide talk therapy for minors struggling with same-sex attractions and sexual identity confusion.

The Becket Fund for Religious Liberty announced:

Becket has secured a permanent order barring Michigan from enforcing its law that punished counselors who provide compassionate talk therapy to children struggling with their biological sex.

Rather than continue defending the law in court, Michigan agreed that its counseling ban is unconstitutional as applied to any licensed professional who engages in therapy that consists exclusively of talking.

The legal aid firm had filed a lawsuit on behalf of Catholic therapists challenging two Michigan laws which forbade therapists from helping young people struggling with unwanted homosexuality or transgenderism to live according to their faith.

The U.S. District Court for the Western District of Michigan released the final judgement where the state agreed that legislation banning “conversion therapy” for minors violated the free speech clause of the First Amendment to the Constitution.

Becket Senior Counsel Luke Goodrich explained the agreement between Michigan and the counselors:

Michigan is now admitting its law is unconstitutional. Its surrender confirms that the Constitution and the best available science are on the side of counselors who help children find peace with their bodies. States still trying to censor that care should take note.

The censorship of counselors began when Governor Gretchen Whitmer signed an executive directive in 2021 prohibiting state and federal funds for “conversion therapy,” as the Michigan Chapter of the National Association of Workers reported. She then “called on the legislature to codify a ban on conversion therapy.”

Whitmer signed two bills into law in 2023. The first, HB 4616, banned “conversion therapy” for minors, threatening counselors with disciplinary action and licensing sanctions.

The second, HB 4617, defined “conversion therapy” as “any practice or treatment by a mental health professional that seeks to change an individual’s sexual orientation or gender identity, including, but not limited to, efforts to change behavior or gender expression or to reduce or eliminate sexual or romantic attractions or feelings toward an individual of the same gender.”

Michigan became the 22nd state to censor counselors’ free speech.

Of course, there is no counseling practice known as “conversion therapy.” No counselor or therapist ever put out a sign saying, “I offer conversion therapy” or “I’ll convert you from gay to straight!” There is no such clinical practice.

The term was invented by activists who oppose the truth that some people with same-sex attractions or gender identity confusion don’t want to embrace those thoughts, feelings, identities or behaviors. Therapy is one tool to help them live according to their deeply held beliefs about sexuality and relationships.

In 2024, Emily McJones, a licensed therapist, along with Catholic Charities of Jackson, Lenawee and Hillsdale Counties filed suit against Whitmer and the state of Michigan, as the Daily Citizen reported.

According to Becket, McJones and Catholic Charities’ counselors simply offer talk therapy, seeking to address the underlying factors in those struggling with same-sex attractions and behaviors and those rejecting their biological sex.

The lawsuit, Catholic Charities v. Whitmer made it all the way to the U.S. Court of Appeals for the Sixth Circuit, which ruled against the state, saying the censorship was a “near-certain violation of the plaintiffs’ First Amendment rights” and sending the case back down to a lower court.

Because the U.S. Supreme Court took up a similar case where counselor Kaley Chiles challenged Colorado’s talk therapy ban, the two parties agreed to pause their case.

In an 8-1 decision released on March 31, 2026, the Court ruled Colorado’s censorship law “regulates speech based on viewpoint,” violating counselors’ First Amendment rights.

The District Court cited Chiles v. Salazar and the Sixth Circuit decision, as both parties agreed that Michigan’s laws discriminated against counselors, violating their free speech rights.

Becket Senior Counsel Luke Goodrich praised the victory, saying:

This is a major victory for children, counselors, and common sense. Kids who are hurting deserve compassion, not a one-way ticket to harmful drugs, hormones, and surgery. Now counselors can offer compassionate counseling without fearing that state bureaucrats will come knocking.

Related articles and resources:

Addressing Gender Identity with Honesty and Compassion

Catholic Therapists Challenge Michigan’s Ban on Counseling for Gender-Confused Children

Counseling Consultation & Referrals

Four Things You Should Know About Michigan’s Ban on Therapy for Unwanted Homosexuality or Transgenderism

Is Therapy to Leave Homosexuality Damaging? New Review Says, ‘No Proof of Harm’

Resources: Homosexuality

The Supreme Court’s ‘Conversion Therapy’ Ruling: Four Truths You Should Know

Supreme Court Smacks Down Colorado’s ‘Conversion Therapy’ Ban in 8-1 Decision

Therapy Bans Threaten Religious Freedom, Free Speech and Parental Rights

Transgender Resources

What Is ‘Conversion Therapy’?