Michigan ends restriction on Catholic counselors who treat kids with gender dysphoria

A Catholic Charities affiliate sued Democratic Gov. Gretchen Whitmer and other state officials after the governor signed into law a ban on “conversion therapy.”

Catholic counselors in Michigan who offer Catholic-based “talk therapy” to children who struggle with gender dysphoria and gender identity will be allowed to continue their services, according to a federal court order issued on July 31.

Government officials in Michigan have agreed they will not enforce the state ban on “conversion therapy” on the counselors who work for Catholic Charities of Jackson, Lenawee, and Hillsdale Counties or any other counselors engaged in “talk therapy.”

The Catholic Charities affiliate sued Democratic Gov. Gretchen Whitmer and other state officials after the governor signed into law a ban on “conversion therapy.” This prohibited treatments that seek to “change an individual’s sexual orientation or gender identity.” This includes “efforts to change behavior or gender expression.”

According to the law, counselors were allowed to offer “acceptance, support, or understanding” of a child who self-identifies with a gender inconsistent with his or her sex. The lawsuit filed by the Catholic Charities affiliate argued the law forced them to “affirm” that the child could identify with a gender that is inconsistent with his or her sex, which conflicts with Catholic teaching.

The Catechism of the Catholic Church teaches that “everyone, man and woman, should acknowledge and accept his sexual identity.” The Vatican’s 2019 document “Male and Female He Created Them” teaches that sexual identity is a reality “given” through one’s biological and physiological nature.

Officials in Michigan consented to a court order that acknowledges that the law — as enforced against the Catholic Charities affiliate — violates the counselors’ First Amendment right to freedom of speech.

According to the court order, the state cannot enforce this law against the Catholic counselors or any other counselors in the state if the treatment “consists exclusively of talking.” The order is permanent and took effect immediately, upon the signature of Judge Jane M. Beckering.

The Catholic Charities affiliate was represented by lawyers at the Becket Fund. Luke Goodrich, senior counsel at Becket and lead attorney for the counselors, said in a statement that the order 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,” he said. “Now counselors can offer compassionate counseling without fearing that state bureaucrats will come knocking.”

This agreement comes four months after the U.S. Supreme Court ruled 8-1 that a similar ban on “conversion therapy” in Colorado violated the First Amendment rights of counselors, warning the state-level bans “suppress speech based on viewpoint.”

Kimberly Bush, a spokesperson for Michigan’s attorney general’s office, said in a statement to EWTN News that Michigan entered into the agreement because of the Supreme Court ruling, but added: “We remain deeply disappointed in this decision and have grave concerns for the implications this could bring for the safety and welfare of Michigan’s children.”

A spokesperson for Whitmer also expressed disappointment in the agreement in a statement to EWTN News.

“Governor Whitmer believes that every young person deserves the right to grow up safe, supported, and free to be themselves,” the spokesperson said.

“This order is disappointing and represents a step back for the LGBTQ+ community,” the spokesperson added. “Michigan will never support any practice that harms or shames LGBTQ+ youth. The governor will continue to fight to ensure that LGBTQ+ individuals are protected from attacks and that their voices are heard.”

In June, Oregonʼs Board of Licensed Professional Counselors and Therapists withdrew disciplinary action against Catholic counselors who engaged in similar talk therapy, citing the Supreme Court decision as its reason.