Attorney General Bonta Files Amicus Brief in Support of Michigan’s Conversion Therapy Ban for Minors

OAKLAND – California Attorney General Rob Bonta yesterday, as part of a multistate coalition of 20 attorneys general, filed an amicus brief in the Sixth Circuit Court of Appeals in support of the state of Michigan in Catholic Charities v. Whitmer, a lawsuit challenging Michigan’s ban on licensed health care providers offering conversion therapy for minors. Conversion therapy is a cruel, harmful, and ineffective practice that aims to change a person’s sexual orientation or gender identity. In their brief, the attorneys general underscore the harms of conversion therapy, arguing that it falls below the standard of care for mental health practitioners, is not a safe or effective treatment for any condition, and puts minors at risk of serious harms including increased risks of suicide and depression.

“California is proud to support the State of Michigan in protecting our youth from scientifically discredited practices that put their health, safety, and well-being at risk,” said Attorney General Bonta. “No child should ever be subjected to harmful, non-evidence-based practices for simply being who they are.”

Enacted in February 2024, Michigan’s ban on conversion therapy for minors applies to mental health professionals, including physicians, psychologists, and professional counselors. The overwhelming medical consensus is that conversion therapy is inconsistent with the standard of care because it is ineffective and increases the risk of suicide and lifelong mental illness. In 2012, California became the first state to enact legislation – SB 1172 – banning conversion therapy on anyone under 18 years of age. Additionally, over 25 states have laws prohibiting or restricting the practice of conversion therapy for minors by licensed health care professionals.

In the amicus brief, the coalition asserts that:

• The First Amendment does not shield dangerous and ineffective mental health practices from regulation, nor does it allow licensed providers to operate below a certain standard of care.
• Such bans are consistent with states’ long history of establishing and regulating professional standards of care.
• Striking down such a ban would likely create profound unintended consequences for states’ authority to regulate professional practices within their borders as they have throughout most of the nation’s history.

In filing the amicus brief, Attorney General Bonta joins the attorneys generals of Washington, Colorado, Connecticut, Delaware, District of Columbia, Hawaii, Illinois, Maine, Maryland, Minnesota, Nevada, New Jersey, New Mexico, New York, North Carolina, Oregon, Rhode Island, Vermont, and Wisconsin.

A copy of the amicus brief can be found here.