Attorney General Alan Wilson co-leads multi-state coalition to defend free speech rights of faith-based counselors

(COLUMBIA, S.C.) – South Carolina Attorney General Alan Wilson announced today that he is co-leading a coalition of 11 state attorneys general in filing a friend-of-the-court brief in the United States Court of Appeals for the Sixth Circuit. The brief supports a challenge to a Michigan law that permits therapists to affirm the gender identity and sexual orientation of their patients but suppresses counselors’ speech on the other side of the gender debate. 

“The First Amendment protects the right of Americans—including licensed professionals—to speak freely without fear of government censorship,” said Attorney General Wilson. “Michigan’s law imposes dangerous restrictions on therapists, counselors, and mental health professionals, preventing them from offering vital guidance to young people in need. That’s a dangerous overreach that puts parental rights and professional freedoms at risk.” 

The case, Catholic Charities v. Whitmer, challenges a Michigan law that bans “any practice or treatment by a mental health professional that seeks to change an individual’s sexual orientation or gender identity.” The law penalizes licensed mental health professionals with fines up to $250,000 and the potential loss of their licenses and livelihoods for engaging in speech that lawmakers find objectionable. 

In the amicus brief, Attorney General Wilson and Iowa Attorney General Brenna Bird, along with their fellow attorneys general, argue that the District Court wrongly upheld Michigan’s law by treating professional speech as “conduct,” thereby sidestepping critical First Amendment protections. And therapists do not lose their First Amendment rights simply by entering a regulated profession. 

“This case is about more than professional speech,” Attorney General Wilson continued. “It’s about protecting parental rights and ensuring that families have access to counselors who can provide guidance aligned with their values.” 

The brief highlights the inconsistency of the District Court’s decision with rulings from the Eleventh and Third Circuits, which have rejected similar speech restrictions. It also underscores the dangers of allowing political ideology to dictate professional counseling standards, warning that the precedent set by Michigan’s law could pave the way for broader government overreach. 

The states joining South Carolina and Iowa in the brief are Arkansas, Florida, Georgia, Idaho, Kansas, Louisiana, Missouri, Montana, and North Dakota. 

You can read the full brief here.