Catholic Charities v. Whitmer
Case Snapshot
Recent years have seen an explosion in the number of children identifying as transgender. 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 25 states and at least five European countries have banned or strictly limited gender transitions for children, advocating instead for compassionate counseling for their distress. Unfortunately, a new law in Michigan now 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 crippling fines.
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Case Summary
Children Are Struggling
Between 2017 and 2021, the number of American young people diagnosed with gender dysphoria—an experience of severe distress over their biological sex—increased 300%. Research shows that the vast majority of these children will grow out of their distress naturally if allowed to go through puberty unhindered. Nevertheless, thousands of these children have instead been put through a “gender transition,” including a regime of puberty blocking drugs, cross-sex hormones, and surgeries, to make their bodies resemble the opposite sex. There is no reliable evidence that these procedures offer any long-term benefits, and abundant evidence that they cause lasting harms—including loss of bone density, increased risk of cancer, sexual dysfunction, and permanent sterilization.
Because of these harms, 25 states and five European countries have banned or severely restricted gender transitions for children. And victims of this treatment are increasingly coming forward, asking why they were offered medical treatment to change their bodies, instead of compassionate care to help them navigate natural puberty and careful counseling to help them heal from the underlying causes of their discomfort. (See their stories.)
Counselors Can Help
Emily McJones is a Catholic therapist living in Lansing, Michigan. After serving for years as a therapist for suicidal teens, Emily opened her own counseling practice, Little Flower Counseling, where she helps both children and adults with a wide range of issues. At Little Flower, Emily integrates evidence-based psychotherapy techniques with her religious beliefs, including the belief that God made human beings male or female.
Some of Emily’s clients are children experiencing discomfort with their biological sex. Emily helps these children by talking with them to address the underlying causes of their discomfort, alleviate their distress, and, if possible, allow them to accept their bodies without resorting to irreversible life-altering medical intervention. In Emily’s experience, this cautious approach is the best way to help children experiencing such discomfort. This approach is also supported by the best available scientific evidence and by recently enacted laws in 25 states and five European countries, which have banned or severely restricted medical gender transitions for minors.
Michigan Muzzles Counselors
Unfortunately, Michigan recently enacted a new law that prevents counselors from using this cautious, science-backed approach to helping children in distress. Rather than allowing children to work through the root causes of their challenges, the law requires counselors to affirm children in their belief that they were born on the wrong bodies and to “provide[] assistance to [a child] undergoing a gender transition”—which often includes puberty blocking drugs, cross sex hormones, and surgeries that cause irreversible harm. As a result, counselors like Emily, who believe they have an ethical and religious duty not to rush children into harmful, life-altering medical procedures, face the prospect of losing their licenses and fines of up to $250,000. The law thus deprives children and families of the compassionate counseling they desperately need.
Counselors Take a Stand
On July 12, 2024, Emily, along with the local Catholic Charities’ counseling ministry, filed a federal lawsuit against the state of Michigan. They argue that the state’s law blocks them from counseling in a way that is consistent with the best available scientific evidence and violates the constitutional protections for freedom of speech, free exercise of religion, and parental rights. They also argue that the laws will have real consequences for youth struggling with their biological sex—kids who already suffer from high rates of depression, anxiety, and suicidality. The counselors are asking the court to protect their freedom to offer cautious, compassionate therapy to help these children. They do not want to deny children the counseling services they need to live whole, integrated lives.
Importance to religious liberty:
- Free speech: Free speech includes the right to a free and peaceful exchange of ideas with others—including religious ideas. Freedom of speech and religious liberty go hand-in-hand; protecting one protects the other.
- Individual freedom: Religious freedom protects the rights of individuals to observe their faith at all times, including in the workplace.
- Parental Rights: Parents have the right to direct the religious upbringing of their children. Teachings around family life and human sexuality lie at the heart of most religions, and Becket defends the right of parents to guide their own children on such matters.