Michigan Agrees to End Enforcement of Talk Therapy Ban After Supreme Court Ruling

Michigan has agreed to stop enforcing its law that prohibits licensed therapists from offering talk therapy to minors experiencing gender dysphoria or questioning their sexual orientation. This move comes after a federal judge issued a permanent injunction, following recent appellate and Supreme Court decisions that found such bans violate free speech rights.

Explainer Free Speech Battles: Navigating Rights and Censorship in Modern Society

The agreement marks a notable shift in the legal landscape surrounding counseling restrictions. The state conceded that its ban on talk therapy for minors, which was enacted as HB 4616, infringes on the First Amendment rights of counselors. The stipulated order, issued Thursday by Judge Jane Beckering, follows a favorable ruling for the plaintiffs by the 6th Circuit Court of Appeals in the case of Catholic Charities v. Whitmer. It also comes in the wake of the U.S. Supreme Court’s decision in Chiles v. Salazar, which addressed a similar law in Colorado.

In the Chiles decision, the Supreme Court found that Colorado’s law "regulates speech based on viewpoint" and that lower courts had failed to apply the necessary rigorous First Amendment scrutiny. Justice Neil Gorsuch, writing for the 8-1 majority, stated that the First Amendment "stands as a shield against any effort to enforce orthodoxy in thought or speech in this country."

"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."

— Luke Goodrich, senior counsel at Becket

Legal Challenge and Court Order

The case in Michigan was brought by several counselors based in the state, represented by the legal group Becket. The plaintiffs argued that Michigan’s ban unlawfully restricted their ability to provide talk therapy to minors. They contended that the law violated their free speech rights by prohibiting counseling that consists exclusively of talking, rather than any physical intervention or medical treatment.

Judge Beckering’s order declared that Michigan’s HB 4616, as applied to licensed mental health professionals engaged solely in talk therapy, violates the Free Speech Clause of the First Amendment. According to the stipulated order, the court permanently prohibits Michigan officials from enforcing the ban against licensed professionals who provide talk-only therapy. The injunction takes effect immediately.

Becket, which represented the counselors, described the outcome as a "groundbreaking victory for religious liberty and free speech." The organization noted that Michigan agreed to the permanent order rather than continue defending the law in court. Luke Goodrich, senior counsel at Becket, said, "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."

National Context and Ongoing Debate

The legal battle in Michigan comes amid a broader national debate over counseling bans targeting gender-related issues. The Supreme Court’s Chiles v. Salazar decision has prompted legal challenges to similar laws in other states. While Michigan has agreed to halt enforcement of its ban, other states have taken different approaches. For example, Wisconsin Governor Tony Evers has publicly stated he will not repeal his state’s ban on conversion therapy for minors, despite the Supreme Court’s ruling.

Judge Beckering, who was appointed by President Biden, wrote in her order that the plaintiffs had "demonstrated success on the merits" of their First Amendment claim and established that an injunction was in the public interest. The court found that the law, as enforced, caused irreparable injury to the counselors who were unable to provide talk therapy to minors seeking guidance about their gender identity or sexual orientation.

Michigan’s agreement to end enforcement of the ban sets it apart from neighboring states that have maintained similar restrictions. The case highlights ongoing tensions between state efforts to regulate therapy practices and federal court rulings that emphasize free speech protections for counselors.

The permanent injunction in Catholic Charities v. Whitmer is now in effect, barring Michigan from enforcing HB 4616 against licensed professionals who engage exclusively in talk therapy. This development is expected to influence ongoing legal and policy debates about the limits of state regulation over counseling practices, especially those involving minors and sensitive issues of gender and sexuality.