The U.S. Court of Appeals for the Sixth Circuit sided with Catholic therapists who counsel young people with gender dysphoria on Wednesday, December 17, blocking a Michigan law that banned so-called "conversion therapy."
“This is a victory for children nationwide,” said Luke Goodrich, senior counsel at Becket and lead attorney for the counselors, in a statement provided to Aleteia. “Michigan’s law was pushing children toward irreversible medical procedures that cause lasting harms."
"Conversion theory" can mean a variety of things, depending on who uses the term.
Under Michigan's law, therapists and counselors who treated minor patients with gender dysphoria were not permitted to counsel the minors regarding factors that could make them feel at odds with their biological sex.
"This ruling ensures that children who want it can receive compassionate, evidence-based counseling that alleviates their distress and helps them embrace their bodies without resorting to irreversible, life-altering medical interventions," said Goodrich.
Judge Raymond Kethledge, who authored the 2-1 majority opinion in the case Cathholic Charities v. Whitmer, called the law discriminatory as it only banned counseling from a certain viewpoint. Under the law, counselors and therapists could not assist a child to "align" with their biological sex, but it "expressly permit" assisting a child with changing their gender identity.
This, said Kethledge, is a "near-certain violation of the plaintiffs' First Amendment rights." Additionally, the therapists and counselors provided "studies and evidence that suggest their therapy can prevent serious harms to clients who seek it."
Wednesday's decision marks the first time a federal appeals court has blocked a state law banning so-called "conversion therapy" for gender-confused minors. In October, the Supreme Court heard arguments in the case Chiles v. Salazar, which concerned a similar law in Colorado.
The state of Michigan has two weeks to ask for a rehearing, or could appeal to the Supreme Court in the next 90 days.
Gender transition for minors in the news
Wednesday's decision came the same day the U.S. House of Representatives voted to ban gender transition treatments for minors.
In recent years, the movement to ban these treatments has grown, both in the United States and abroad. In June, the Supreme Court ruled that Tennessee's law banning child gender transition did not violate the Constitution, and in Europe, several countries have moved to outright ban the practice, citing a lack of scientific study to support it.
