Federal court allows Michigan therapists to counsel children claiming to be opposite sex

CNA Staff, Dec 18, 2025 / 12:36 pm

Counselors and therapists in Michigan will be allowed to treat children who believe themselves to be the opposite sex, striking down a Michigan law that outlawed such counseling by claiming it constitutes “conversion therapy.”

The Dec. 17 ruling at the U.S. Court of Appeals for the 6th Circuit blocked the Michigan law by stating that it “discriminates based on viewpoint” by forbidding therapists from counseling children that they are their own biological sex rather than the opposite sex.

The court noted that the law “expressly” allows therapists to help children commit to a so-called “transition” to the opposite sex. The rule is a “near-certain violation” of the First Amendment, the order said.

The Michigan law was passed on the grounds that steering children away from a transgender identity constitutes “conversion” similar to counseling that seeks to mitigate same-sex attraction. LGBT advocates claim that such “conversion therapy” has been discredited and constitutes a danger to therapy patients.

The lawsuit was first brought to court in July 2024 after the law passed in February of that year. A lower court had earlier ruled against the therapists’ claims that their counseling constitutes protected First Amendment speech.

The appeals court held in its ruling that the Michigan law is discriminatory insofar as it “permits speech on a particular topic only if the speech expresses a viewpoint that the government itself approves.”

“The default … is that the First Amendment protects all speech,” the court held. The Michigan government “[did] not even attempt to identify” that the government has regularly controlled the speech of therapists as the law moves to do.

The plaintiffs in the case — which include a Catholic Charities group and a Catholic therapist — have been represented by the religious liberty law firm Becket. Lead attorney Luke Goodrich said in a Dec. 17 press release that the decision represented “a victory for children nationwide.”

“Michigan’s law was pushing children toward irreversible medical procedures that cause lasting harms,” he said.

“This ruling ensures that children who want it can receive compassionate, evidence-based counseling that alleviates their distress and helps them embrace their bodies without resorting to irreversible, life-altering medical interventions.”

The Michigan government may appeal the decision.

LGBT advocates have argued in recent years that children who claim to be the opposite sex should be facilitated in “transitioning” to a facsimile of the opposite sex, including through cross-sex hormones and procedures such as castrations and irreversible mastectomies.

The Trump administration since January has moved to aggressively limit the ability of doctors and institutions to carry out such procedures, including an executive order restricting so-called transgender surgeries and drugs for youth.

Multiple hospitals around the country have ended child transgender surgeries and programs under pressure from the White House, including the prominent Center for Transyouth Health and Development at Children’s Hospital Los Angeles.

President Donald Trump in August also directed states to remove gender ideology materials from their curriculums or else face the loss of federal funding.

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