Michigan backs down in fight over counseling children on biological sex

A religious liberty law firm is celebrating a legal victory allowing Michigan counselors to help children experiencing “gender identity” struggles accept their biological sex. Becket announced July 30 that the state of Michigan agreed to a permanent court order preventing it from penalizing counselors for providing talk therapy that does not affirm a child’s preferred “gender identity.”

Luke Goodrich, senior counsel at Becket and lead attorney for the counselors, welcomed the order.

“This is a major victory for children, counselors, and common sense,” Goodrich said in the release. “Kids who are hurting deserve compassion, not a one-way ticket to harmful drugs, hormones, and surgery. Now counselors can offer compassionate counseling without fearing that state bureaucrats will come knocking.”

The order resolves Catholic Charities v. Whitmer, a challenge to a Michigan law that took effect in February 2024 prohibiting mental health professionals from counseling minors to change their sexual orientation while allowing them to support a minor’s “gender transition.”

The legal victory comes as questions surrounding “gender identity” and medical interventions for minors have also emerged in Michigan’s closely watched U.S. Senate race. As Zeale News previously reported, Democratic nominee Abdul El-Sayed defended “gender transition” procedures for minors during an Aug. 24 interview as he campaigns against Republican Mike Rogers ahead of the November election.

“Michigan is now admitting its law is unconstitutional,” Goodrich said. “Its surrender confirms that the Constitution and the best available science are on the side of counselors who help children find peace with their bodies. States still trying to censor that care should take note.”

The U.S. Court of Appeals for the Sixth Circuit sided with the counselors in late 2025, finding they were likely to succeed in their constitutional challenge.