Protections for Minors Against Harmful Practices Act (Draft v3.5)

SECTION 1. Short Title

This Act may be cited as the “Protections for Minors Against Harmful Practices Act.”

SECTION 2. Legislative Findings

(a) State Interest. The State of Michigan has a compelling interest in protecting minors from serious mental harm, as recognized in Prince v. Massachusetts, 321 U.S. 158 (1944). This interest overrides parental or religious claims when substantial harm to minors is documented.

(b) Harm Evidence. Harmful practices, including conversion therapy and coercive behavioral modification (e.g., abusive forms of Applied Behavior Analysis (ABA)), increase depression and suicide attempts by more than twofold in youth (Ryan et al., 2020; Blosnich et al., 2020). Neurodivergent children subjected to coercive practices show a 30% increase in anxiety (Volkmar et al., 2019). Non-binary youth exposed to such practices face elevated risks, including suicide ideation 2.14x higher than peers (Klinger et al., 2024).

(c) Conduct Regulation. This Act regulates harmful conduct, not speech, consistent with Pickup v. Brown, 740 F.3d 1208 (9th Cir. 2013), and King v. Governor of New Jersey, 767 F.3d 216 (3rd Cir. 2014).

(d) Neutrality. This Act applies equally to all structured efforts to change or suppress a minor’s sexual orientation, gender identity, or intrinsic behavioral traits, ensuring viewpoint neutrality (Reed v. Town of Gilbert, 576 U.S. 155 (2015)).

(e) Narrow Tailoring. The Act prohibits only structured interventions shown to cause serious mental harm, while preserving lawful counseling, family conversations, and religious freedom (Employment Division v. Smith, 494 U.S. 872 (1990)).

(f) Research Appendix. Evidence supporting this Act, including peer-reviewed research and policy findings, is incorporated by reference and made publicly available through the Michigan Attorney General’s office and online at www.michigan.gov/ag (MCL 14.251).

SECTION 3. Definition and Prohibition

(a) Definition — “Harmful Practices.” “Harmful practices” means any structured intervention by a licensed or unlicensed person seeking to change or suppress a minor’s sexual orientation, gender identity, or intrinsic behavioral traits (e.g., autism, ADHD, or natural behavioral variation). Prohibited practices include:

Conversion therapy.

Coercive ABA methods relying on aversives, suppression of identity/traits, or forced compliance, linked to 30% higher anxiety (Volkmar et al., 2019; ASAN, 2024).

Other structured interventions evidenced by treatment plans, billing codes, advertised goals, or verbal commitments.

(b) Exclusions. This Act does not apply to: