Catholic Charities of Jackson, Lenawee, and Hillsdale Counties v. Whitmer

Brief Filed: 6/25
Court: United States Court of Appeals for the Sixth Circuit
Year of Decision: Pending

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Whether Michigan’s ban on conversion therapy for minors (H.B. 4616), which prohibits licensed counselors from engaging in gender identity change efforts with minors, is constitutional.

Sexual Orientation – General (Discrimination) 

This case involves a challenge to Michigan’s H.B. 4616, which prohibits licensed counselors from engaging in conversion therapy with minors. Catholic Charities of Jackson, Lenawee, and Hillsdale Counties and Emily McJones filed suit against Michigan officials, including the Governor, Attorney General, and various department directors and board members. The plaintiffs challenged only the ban on Gender Identity Change Efforts (GICE), claiming they do not seek to change their patients' gender identity as a predetermined treatment goal. The case was initially heard in the United States District Court for the Western District of Michigan at Grand Rapids, where Judge Jane M. Beckering ruled against the plaintiffs. The plaintiffs appealed to the Sixth Circuit Court of Appeals, where the APA and other professional organizations filed an amicus brief in support of the defendants-appellees and affirmance of the district court's decision

The APA, along with the Michigan Psychological Association, National Association of Social Workers, and American Association for Marriage and Family Therapy, argues that Sexual Orientation and Gender Identity Change Efforts (SOGICE) are not legitimate therapeutic practices and can cause harm, especially to minors. The APA rejects the idea that SOGICE are legitimate therapeutic approaches, describing them as dangerous, discredited practices not supported by credible evidence of effectiveness. The brief cites the APA’s 2009 Task Force Report and 2021 Resolutions, which found that SOGICE are unlikely to change sexual orientation or gender identity and pose significant risks of harm to individuals who undergo them. Research shows GICE lead to adverse outcomes such as emotional distress, loss of relationships, and low self-worth, with one study of 27,715 transgender adults finding GICE were “significantly associated with increased odds of severe psychological distress during the previous month and lifetime suicide attempts.” The APA emphasizes that minors are particularly vulnerable to the potential harms of SOGICE, with studies showing minors who have been subjected to SOGICE report more suicide attempts than those who have not. The brief also addresses the plaintiffs’ mischaracterizations of the scientific evidence, noting that the lack of published research on SOGICE is not evidence of lack of harm, but rather reflects ethical concerns about studying practices that may cause harm.

Pending