Dana Nessel defends Michigan’s ban on ‘destructive’ LGBTQ conversion therapy

Michigan Attorney General Dana Nessel is fighting to protect the state’s LGBTQ kids from quack ‘therapy’ that seeks to change their sexual orientation or gender identity.

MICHIGAN—A lawsuit filed in federal court last month seeks to overturn a recent state law that bans Michigan’s mental health providers from offering children any form of so-called “conversion therapy” that aims to change their sexual orientation or gender identity and expression.

But in a brief filed this week, Michigan Attorney General Dana Nessel is fighting to keep those new legal protections on the books in Michigan—arguing that allowing LGBTQ conversion therapy to continue would cause “immeasurable damage to countless young people.”

“My department will continue to defend this crucial law and work to dismiss this meritless lawsuit to ensure Michigan remains a place where all children feel accepted, loved, and supported,” Nessel said in a statement announcing her latest move to oppose the lawsuit on Monday.

Here’s the Deal:

Last year, Gov. Gretchen Whitmer signed four Democratic-led bills that effectively banned conversion therapy in the state of Michigan—and that explicitly includes any medical treatment that seeks to eliminate sexual or romantic feelings toward someone of the same gender. 

The practice of conversion therapy is an archaic, scientifically discredited, and dangerous practice that operates under the false notion that different sexual orientations and gender diversity are abnormal or unhealthy. At least 22 other states have banned the practice, namely because of its association with adverse health effects—including anxiety and depression.

The so-called “therapy” has been known to take many forms, from prayer and discussion, to more stomach-churning stories of electroshock therapy being used on gay men in the 70s—all under the offensive premise of “curing” or “repairing” the “defect” of being an LGBTQ person. 

Among younger participants, conversion therapy has been shown to lead to a much higher likelihood of both substance abuse and suicide later in life. The American Psychiatric Association flatly rejected the concept of conversion therapy more than two decades ago.

Under the recent state law, conversion therapy is now outlawed in Michigan. And those who continue to provide the service could face misdemeanor criminal charges and licensing sanctions—including the possibility of having their state credentials revoked altogether. 

What’s the issue?

The Catholic Charities of Jackson, Lenawee, and Hillsdale Counties—on behalf of a licensed therapist in Lansing—filed a lawsuit in July that seeks to overturn the new statewide ban, alleging that it violates the free speech rights of conservative, Catholic counselors.

The filing—which was reportedly assisted by the right-wing Becket Fund for Religious Liberty—names Whitmer, Nessel, as well as other state department heads as defendants, and argues that counselors have an “ethical and religious duty” to put LGBTQ kids into therapy.

It also contends that the new state law violates the First Amendment’s Free Speech Clause, as well as its Free Exercise Clause, namely by interfering with the rights of religious counselors, and it asks for a judge to issue an injunction that would prohibit the law from being enforced.

What is Nessel doing about it?

This week, Nessel filed a legal brief to fight back against the lawsuit—arguing that the law does not infringe on free speech or religious liberties, and that it must be enforced to protect Michigan’s LGBTQ children from the “debunked and tortuous practice” of conversion therapy. 

The new filing from Nessel’s office also details the destructive history of conversion therapy on minors, as well as its clear link to suicide and depression, stating “it is now scientific consensus that sexual orientation change efforts are not effective and can cause significant harm.” 

Nessel also argued that the new law does not violate the constitutional rights of counselors because it simply regulates their conduct rather than prohibit a form of protected speech.

“The Supreme Court has long recognized states’ authority to regulate medical professions in this way,” Nessel wrote, also arguing that the state “has a compelling interest in protecting children from a treatment known and documented to cause devastating harm.”

In a statement, Whitmer also voiced support for state laws prohibiting LGBTQ conversion therapy, labeling the practice as a “discredited, destructive practice that harms our kids.”

“I will keep fighting so that every kid, no matter who they are, who they love, or how they identify, can envision a bright future for themselves in Michigan,” Whitmer said this week. 

READ MORE: New state law protects kids from ‘abhorrent’ conversion therapy

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