Kentucky religious conservatives are aligning against an executive order signed by Gov. Andy Beshear Wednesday t hat severely limits the practice of conversion therapy.
Conversion therapy is a discredited form of counseling described by the American Medical Association as a practice that “often includes unethical techniques.” It includes the assumption, the association wrote, that “homosexuality and gender non-conformity are mental disorders and that sexual orientation and gender identity can be changed.”
Whether it’s attempting to poke holes in the order’s constitutionality, expressing concern about Christian pastors being persecuted or decrying an alleged double standard on gender affirming care, the state’s politically involved Christian conservative leaders are unanimous in their opposition to Beshear’s action.
The order Beshear signed Wednesday bans state and federal funds being used for the practice and limits it in other ways.
“The practice of so-called conversion therapy hurts our children. It has no basis in medicine, it has no basis in science,” Beshear said when he signed the order in the Capitol rotunda. “We cannot sit back and do nothing.”
Richard Nelson, executive director of the Commonwealth Policy Center, said that the policy’s inability to get through the state legislature is proof positive that the ban shouldn’t be enacted. Currently, the state legislature is dominated by Republicans with four-fifths majorities in both the House and Senate.
“The legislative route has been tried, which is how we arrive at laws and public policy in the state, and they’ve not garnered legislative approval. There’s a reason for that,” Nelson said.
He said he has concerns the ban on conversion therapy might abridge certain freedoms under the U.S. Constitution’s First Amendment, including speech and religion. The exact constitutionality of such a ban has yet to be tested by the Supreme Court of the United States; the high court declined to hear a lawsuit over such a ban in Washington late last year, effectively leaving the ban in place.
Chris Wiest, a prominent conservative attorney in Northern Kentucky said that suing against the order would amount to “an easy lawsuit” over separation of powers. Wiest has taken the Beshear administration to court before over various restrictions aimed at limiting the spread of COVID-19 during the height of the pandemic.
Wiest said he’s already looking for plaintiffs, and that the state constitution’s strong separation of powers would lead to a legal win.
“He can’t just issue an executive order and prescribe law. This is really basic Con Law 101 stuff, and I think the governor knows it, frankly. He’s not stupid, but he gets the headlines and he excites the base,” Wiest said.
There could be backlash in the legislature as well as the courtroom.
Rep. Josh Calloway, R-Irvington, pledged to “file legislation on day one to stop this Governor from pushing his harmful far-left agenda on struggling kids.”
Sen. Robby Mills, R-Henderson, also denounced Beshear’s order, writing on social media that it “stands to chill and stigmatize Christian counseling in the midst of a mental health crisis” in the commonwealth.
Other Christian conservatives cite fears within the church.
David Walls, executive director of the Family Foundation, another Christian conservative organization focused on public policy, said that he’s concerned about a chilling effect it could have on church leaders’ discussion of sexuality.
“Ultimately, this is about muzzling Christian counselors and even pastors from helping children struggling with sexual orientation or gender identity issues. We continue to believe that parents and their children should be free to seek counseling that they desire to seek, including faith based counseling.”
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