Michigan has agreed not to enforce its ban on conversion therapy for minors, becoming the first state to step back from such a law following the Supreme Court's ruling in Chiles v. Salazar, which found a similar Colorado ban violated counselors' free speech rights. The agreement, filed with a federal court, followed a July 30 ruling that Michigan's law was likely unconstitutional for the same reason. Counselors with Catholic Charities of Jackson, Lenawee, and Hillsdale Counties were among those challenging the ban, which covers counseling intended to change a minor's gender identity through talk therapy alone.
Becket, which represented the counselors, said Michigan's decision amounts to an acknowledgment that its law could not survive the Supreme Court's ruling. Michigan Attorney General Dana Nessel, whose office had defended the ban, said the state had little choice once the courts ruled against it, and said she is still weighing whether to appeal. The underlying law remains on the books even though the state will not enforce it, and groups that support the ban say they may look for other ways to restrict the practice.