Does banning conversion therapy fall under Gov. Beshear’s authority?

FRANKFORT, Ky. ( FOX 56 ) — The debate has now begun on the constitutionality of Gov. Andy Beshear’s executive order to ban conversion therapy on minors.

“I have the authority, and I am using it to protect Kentucky’s children,” Beshear said, responding to a question at a Team Kentucky briefing on Thursday.

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Beshear said he believed it was legal and constitutional. Members of the Republican-led legislative arm of Kentucky’s government disagree. On Wednesday, Beshear signed the executive order banning conversion therapy for minors, a term describing counseling aimed at changing someone’s sexual orientation or gender identity.

“If they don’t think or don’t like that I’m doing it through executive order, how about they come in and they can pass a statute that goes further because the executive order can only prohibit state and federal funds from being used for it and also addresses our licensing boards. The General Assembly has a chance to do even more,” Beshear said.

Fifteen Kentucky House GOP lawmakers said in a joint statement on Thursday morning that said, in part:

“These actions represent a blatant disregard for the deeply held convictions of Kentucky parents, infringing on their right to make decisions that best support their children’s God-given identity and well-being. By imposing this executive ban, he is infringing on these fundamental rights and attempting to implement policies that mirror those of the radical left.”

Multiple Republican members of the state Senate released a similar statement on Wednesday afternoon following the signing.

University of Kentucky associate professor of political science Stephen Voss said the most impactful factor to political struggles is how the issue resonates with median voters and that people with strong feelings about conversion therapy are likely already voting Republican.

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“Just as with medical marijuana, where the typical middle-of-the-road person was fairly supportive of it, a middle-of-the-road, non-ideological voter is not really going to be a big fan of conversion therapy,” Voss said.

Voss said for as much as the order’s constitutionality may be argued, similar to Beshear’s order for medical marijuana protections in 2022 before it was legalized during the following year’s session, it may be difficult to bring a lawsuit. A court would have to agree the person or group suing has standing. And if the General Assembly chooses to respond, its Republican members don’t have easy choices.

“One reason the Republicans are in a tough position is while they don’t want governors making policy single-handedly, that’s viewed as a violation of the separation of powers, Republicans don’t necessarily want to be stuck seeming as though they’re fighting on behalf of conversion therapy,” Voss said.

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Beshear said he’s ready for a court fight if it comes to it.

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