Michigan agreed Thursday to end its prohibition on licensed therapists providing counseling to children struggling with gender dysphoria, marking a major victory for parental rights and the First Amendment.
The Democrat-run state capitulated after the Supreme Court’s Chiles v. Salazar ruling made clear that viewpoint-based speech bans violate the Constitution.
“This 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. Now counselors can offer compassionate counseling without fearing that state bureaucrats will come knocking.”
Luke Goodrich, senior counsel at Becket and lead attorney for the counselors, said Michigan’s surrender confirms that “the Constitution and the best available science are on the side of counselors who help children find peace with their bodies.”
The case, known as Catholic Charities v. Whitmer, dealt with several Michigan-based counselors’ challenge to state laws barring them from engaging in talk therapy with minor clients facing discomfort with their biological sex. The challengers argued that such a prohibition violated their First Amendment rights.
The 6th Circuit Court of Appeals handed plaintiffs a favorable ruling late last year, which was followed by the Supreme Court’s Chiles decision in March. In that case, the high court ruled 8-1 that a similar Colorado law “regulates speech based on viewpoint, and the lower courts erred by failing to apply sufficiently rigorous First Amendment scrutiny.”
Justice Neil Gorsuch wrote for the majority:
“[T]he First Amendment stands as a shield against any effort to enforce orthodoxy in thought or speech in this country. It reflects instead a judgment that every American possesses an inalienable right to think and speak freely, and a faith in the free marketplace of ideas as the best means for discovering truth. However well-intentioned, any law that suppresses speech based on viewpoint represents an ‘egregious’ assault on both of those commitments.”
In Thursday’s stipulated order, Biden-appointed Judge Jane Beckering noted that, in light of the 6th Circuit and Supreme Court’s rulings, the Catholic Charities plaintiffs have “demonstrated success on the merits” of their claim that Michigan’s laws represent an unlawful viewpoint-based restriction on speech.
She further observed that the plaintiffs have “established irreparable injury and that an injunction is in the public interest.”
Both parties agreed to the stipulated order and final judgement, which prohibits Michigan from enforcing the talk therapy ban against counselors in the state.
The court’s permanent injunction took effect immediately, according to the order.
“Michigan is now admitting its law is unconstitutional,” Goodrich said. “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.“
Michigan’s agreement to end enforcement of the contested laws is a noticeably different path than that of neighboring Wisconsin.
Months after the Supreme Court handed down its Chiles ruling, Democrat Gov. Tony Evers doubled down on seemingly defying the decision.
“I have no intention of repealing the ban on … conversion therapy on kids. Period. End of story. And no question,” Evers said during a June “Pride Flag Raising” event.
The contrast is clear: Michigan folded when faced with constitutional reality. Wisconsin’s Democrat governor is still fighting.
