CATHOLIC CHARITIES OF JACKSON, LENAWEE, AND HILLSDALE COUNTIES; EMILY MCJONES v. GRETCHEN WHITMER, Governor of Michigan; in her official capacity, et al. - Articles

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CATHOLIC CHARITIES OF JACKSON, LENAWEE, AND HILLSDALE COUNTIES; EMILY MCJONES v. GRETCHEN WHITMER, Governor of Michigan; in her official capacity, et al.

Posted by: Azya Thornton on Dec 17, 2025

Court: 6th Circuit Court (Published Opinions)

Attorneys 1: ARGUED: Luke W. Goodrich, THE BECKET FUND FOR RELIGIOUS LIBERTY, Washington, D.C., for Appellants.

Attorneys 2: Christopher W. Braverman, OFFICE OF THE MICHIGAN ATTORNEY GENERAL, Lansing, Michigan, for Appellees.

Attorneys 3: ON BRIEF: Luke W. Goodrich, Adèle A. Keim, Daniel L. Chen, Benjamin A. Fleshman, THE BECKET FUND FOR RELIGIOUS LIBERTY, Washington, D.C., for Appellants.

Attorneys 4: Christopher W. Braverman, Daniel J. Ping, Gallant Fish, Christopher M. Allen, OFFICE OF THE MICHIGAN ATTORNEY GENERAL, Lansing, Michigan, for Appellees.

Attorneys 5: Amy V. Doukoure, CAIR-MI LEGAL FUND, Canton, Michigan, Joseph D. Spate, OFFICE OF THE ATTORNEY GENERAL OF SOUTH CAROLINA, Columbia, South Carolina, Paul Sherman, Benjamin Field, INSTITUTE FOR JUSTICE, Arlington, Virginia, Eric N. Kniffin, ETHICS & PUBLIC POLICY CENTER, Washington, D.C., B. Tyler Brooks, THOMAS MORE SOCIETY, Chicago, Illinois, Shireen A. Barday, PALLAS PARTNERS (US) LLP, New York, New York, Cristina Sepe, OFFICE OF THE ATTORNEY GENERAL OF THE STATE OF WASHINGTON, Olympia, Washington, Shannon P. Minter, Christopher F. Stoll, NATIONAL CENTER FOR LESBIAN RIGHTS, Sacramento, California, Jessica Ring Amunson, JENNER & BLOCK LLP, Washington, D.C., for Amici Curiae.

Judge(s): KETHLEDGE, LARSEN, and BLOOMEKATZ, Circuit Judges

Court Appealed: United States District Court for the Western District of Michigan at Grand Rapids

KETHLEDGE, Circuit Judge. Under a law recently enacted in Michigan, therapists are free to offer their minor clients “counseling that provides assistance to an individual undergoing a gender transition.” M.C.L. § 330.1100a(20). But if a minor client (with his parents’ consent) seeks counseling to “change” his “behavior or gender expression” to align with his biological sex, his therapist can lose her license if she provides it. Id. The plaintiffs here offer counseling in the form of “talk therapy”: literally, spoken words and nothing more. They argue that this regime restricts their speech based on its content and viewpoint, in violation of the First Amendment. The district court denied their motion for a preliminary injunction, holding that the plaintiffs’ therapy amounts to conduct—specifically “treatment”—rather than speech. We disagree and reverse.

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