BREAKING: Federal court protects compassionate counseling for kids struggling with their biological sex Historic ruling blocks Michigan law that pushed children toward harmful gender transitions

WASHINGTON – The U.S. Court of Appeals for the Sixth Circuit just protected a group of Catholic therapists’ ability to provide compassionate, professional counseling to children struggling to accept their biological sex. In Catholic Charities v. Whitmer, Becket represents counselors who challenged a Michigan law that bans them from helping children talk through the underlying causes of their discomfort, and instead pressures counselors to assist children with a “gender transition”—a regime of drugs, hormones, and surgeries designed to make their bodies resemble the opposite sex. Today’s decision marks the first time a federal appeals court has blocked a statewide counseling ban of this kind. The ruling also comes as the Supreme Court is poised to decide a challenge to a nearly-identical Colorado counseling ban in Chiles v. Salazar. 

In his 2-1 majority opinion today, Judge Raymond Kethledge wrote that “the Michigan law discriminates based on viewpoint”—because it bans counseling that helps a child “align” their gender identity with their “biological sex,” while it “expressly permits” counseling that helps a child “transition away from one’s biological sex”—and that this marks a “near-certain violation of the plaintiffs’ First Amendment rights.” He also noted that the counselors provided “studies and evidence that suggest their therapy can prevent serious harms to clients who seek it.”   

“This is a victory for children nationwide,” said Luke Goodrich, senior counsel at Becket and lead attorney for the counselors. “Michigan’s law was pushing children toward irreversible medical procedures that cause lasting harms. 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.” 

Recent years have seen an explosion in the number of children who are struggling to accept their biological sex. Many of these children have been led down a path of “gender transition”—enduring a regime of drugs, hormones, and surgeries—which often results in profound regret and permanent health harms. The harms are so significant that 26 states and several European countries have banned or strictly limited medical gender transitions for children, advocating instead for compassionate counseling to alleviate their gender-related distress. Unfortunately, Michigan bans this compassionate approach, forcing therapists to turn away children and families or risk losing their licenses and suffering hundreds of thousands of dollars in fines. 

Emily McJones is a Catholic therapist in Lansing, Michigan, who counsels children and adults on a wide variety of life issues. Many of Emily’s clients share her Catholic faith, and some of those include young people seeking help to address discomfort they feel with their biological sex. To help these clients, Emily talks with them to address the underlying causes of their discomfort, alleviate their distress, and, if possible, help them embrace their bodies without resorting to irreversible, life-alteringmedical interventions. According to the latest research, this cautious approach is often the best way to help children who experience such discomfort. Today’s ruling ensures that counselors like McJones can continue offering compassionate care to children in need. 

Michigan has 14 days to ask the court for rehearing, or 90 days to appeal to the Supreme Court.   

For more information or to arrange an interview with a Becket attorney, contact Ryan Colby at [email protected] or 202-349-7219.