On October 7, the Supreme Court heard oral arguments in Chiles v. Salazar. This case will decide the constitutionality of Colorado's ban on conversion therapy. A decision in that case is expected at some point by the end of June.
As the Supreme Court deliberates on this issue, conversion therapy laws are still on the books in other states. For example, Catholic Charities of Jackson v. Whitmer presents a challenge to Michigan's ban on conversion therapy. The District Court upheld the law, and an appeal was docketed at the Sixth Circuit in February 2025. The Supreme Court granted cert in Chiles on March 10, 2025. In a joint motion, the Defendants asked the Sixth Circuit to put the case on hold, while the Plaintiffs asked the Sixth Circuit to move forward in the ordinary course.
The case was argued before the Sixth Circuit on October 23, about two weeks after the Supreme Court heard argument in Chiles. And two days ago, on December 17, a divided panel of Sixth Circuit found the conversion therapy law was unconstitutional. Judge Kethledge wrote the majority opinion, which Judge Larsen joined. Judge Bloomekatz dissented. I will put aside the merits for now.
