Catholic counselors sue over Michigan’s ban on conversion therapy

GRAND RAPIDS, MI – A group of Catholic therapists is arguing in a federal lawsuit that Michigan’s recent ban on conversion therapy for minors limits their ability to counsel children who have questions about gender identity.

Emily Jones, a Lansing-based Catholic counselor, and Catholic Charities of Jackson, Lenawee and Hillsdale Counties filed the lawsuit Friday, July 12 against state officials. It claims the law banning conversion therapy – a widely discredited practice of trying to change an LGBTQ person’s sexual orientation or gender identity – violates a right to free speech and free exercise of religion.

“Michigan’s attempt to gag compassionate, professional counselors is contrary to the Constitution, sound evidence and common sense,” said Luke Goodrich, vice president and senior counsel at Becket Law. “The Constitution doesn’t let the government dictate what people can and can’t say – especially when the government is cutting off vulnerable children and families from counseling they desperately want to receive.”

Related: Banning conversion therapy in Michigan would protect LGBTQ children, supporters say

Plaintiffs are represented by Becket Fund for Religious Liberty, a nonprofit legal group dedicated to “defending the freedom of religion.” Becket has successfully argued several religious liberty cases before the U.S. Supreme Court including one over Philadelphia refusing a contract because Catholic Social Services rejected same-sex couples as foster parents. The group also won a case over Hobby Lobby not offering its employees birth control.

The lawsuit names Gov. Gretchen Whitmer, Michigan Attorney General Dana Nessel and 33 other state officials. The attorney general’s office did not immediately respond to a request for comment.

Michigan became the 22nd state to ban conversion therapy for minors when Whitmer, who called it a “horrific practice,” signed the legislation last year.

Under the law, mental health professionals are barred from using any practice that aims to change someone’s sexual orientation or gender identity including efforts “to reduce or eliminate sexual or romantic attractions or feelings toward an individual of the same gender.”

But it carves out an exception for gender transitions by allowing counseling “that provides acceptance, support, or understanding” as long as it “does not seek to change an individual’s sexual orientation or gender identity.” Counselors who violate the law could lose their license or face a fine up to $250,000.

The lawsuit argues this is an “attempt to control counselors’ speech.”

Plaintiffs Jones and Catholic Charities hold religious beliefs that “the biological sex of the human person as given by God” and “marriage is a lifelong commitment between one man and one woman,” according to the suit. Through talk therapy, they’ve helped clients who were questioning their gender identity “change their behavior and gender expression.”

But the recent law makes that type of counseling illegal in Michigan.

“Instead of allowing counselors to help children explore the underlying factors that may be contributing to their distress, and to help them accept and embrace their biological sex, HB 4616 forces counselors to ‘affirm’ children in the belief that they were born in the wrong body and help them undergo permanent, life-altering medical procedures that many will come to regret,” the 33-page complaint says.

The lawsuit argues Michigan’s law violates free speech, due process and free exercise because it targets religious speech and “interferes with the right of parents” to raise their children with religious beliefs.

Related: Ban on conversion therapy for LGBTQ minors in Michigan headed to governor

Numerous studies have found that conversion therapy is ineffective and harmful, leading to depression, anxiety and a higher risk of suicide. The latest guidance from World Professional Association for Transgender Health also suggests there’s a low rate of teenagers who regret transitioning genders, but they should undergo thorough psychological assessments before any medical treatments take place.

About 10% of LGBTQ youth in Michigan reported being threatened with conversion therapy, according The Trevor Project, while another 5% reported they already faced it.

“Conversion therapy practitioners are widespread across the country, with many of them utilizing their licenses and credentials to attempt to legitimize the dangerous and unethical practices they aim to impose on vulnerable LGBTQ+ youth,” said Casey Pick, director of law and policy for The Trevor Project, in a statement last year.

Although conversion therapy practices are outlawed in many states, some laws have also faced legal challenges. Last year, the U.S. Supreme Court decided against taking up a case from a Washington family counselor who argued a ban restricted him from talking to young clients about sexual orientation and gender identity.

Other efforts in Michigan to broaden protections for LGBTQ people have also been challenged in court.

The Michigan Supreme Court ruled two years ago that sexual orientation is protected by the state’s Elliot Larsen Civil Rights Act. But that decision has been followed by lawsuits from a Catholic church, a Christian health care provider and a Catholic school arguing for religious freedom.

A hearing is expected to be held later this year for the lawsuit over conversion therapy.