Opinion – Richard Nelson: Beshear’s conversion therapy executive order violates religious freedom

Governor Andy Beshear’s executive order banning conversion therapy within the scope of state agencies stirred controversy across the state. And there’s reason for concern, as Governor Beshear roundly condemned “anyone who changes the sexual orientation of a minor.” Among other requirements, Beshear ordered that “The Cabinet for Health and Family Services shall take all actions necessary to prohibit the direct or indirect use of state and federal funds for the practice of conversion therapy on minors, referring a minor for conversion therapy, or extending health benefits coverage for conversion therapy with a minor.”

Chris Hartman of the Kentucky Fairness Campaign said at a Sept. 18 press conference that “Kentucky minors are perfect as they are.” A State House candidate from Northern Kentucky said that they were image bearers just like he was, reiterating a similar line from Governor Beshear.

We agree that every human being is an image bearer and has incredible value and worth. We also agree with the Governor that we should love our neighbors as ourselves. Where we disagree is what this means, especially as it relates to human sexuality and the ability of parents and counselors to guide minors onto a path they believe is healthy and moral.

So what exactly is conversion therapy? Simply put, it’s a controversial technique where counselors employ abusive practices to force change on those struggling with various sexual orientations. It is questionable as to whether the debunked technique is taking place here in Kentucky. The definition is now broadened. But the rare and egregious practice is being used as a vehicle of excuse to discredit legitimate efforts to help children pursue healthy identities consistent with a Christian sexual ethic.

While we should be compassionate towards minors struggling with gender dysphoria and confused sexual orientations, we should also be concerned with wholesale government restrictions that prevent minors from getting the help that they and their parents seek. Several other concerns abound including constitutional and parental rights, as well as the mental health of LGBT identified youth.

The executive order cites a 2023 survey from the Trevor Project with disturbing statistics about suicides attempted by LGBT youth. According to that study, 14% said that they attempted suicide in the last year. Of that number, 28% reported being “subjected to” conversion therapy. Suicide and mental health challenges should be carefully handled. It’s also important to examine the claims made based on this data.

The Trevor Project defines conversion therapy as “efforts to change a person’s sexual orientation or gender identity.” It presupposes beliefs that LGBT people “are unnatural and suffer from mental illnesses that need to be ‘cured.’” This definition is unhelpfully broad. It includes both actual practitioners of conversion therapy, who are few, and conservative Christians who reject conversion therapy but also think that LGBTQ identity violates God’s design for the natural world. It’s inappropriate to draw conclusions about causation of suicide from such a nebulous definition. Further, as Dr. Miriam Grossman told a Congressional committed last year “The CDC has long warned that there is never a single cause to suicide and that it’s irresponsible to ignore the complex, underlying triggers for this behavior.”

Another concern was brought to my attention earlier this week by a Kentucky-licensed clinical therapist (he wishes to remain anonymous), who shared with me that a ban on “conversion therapy violates a minor’s right to self-determination.” He pointed to Section 1.02 of the National Association of Social Workers (NASW) Code of Ethics, which emphasizes “Social workers respect and promote the right of clients to self-determination and assist clients in their efforts to identify and clarify their goals.”

Beshear’s executive order amounted to a moral pronouncement that anyone trying to change the self-identified sexual orientation of a minor is acting immorally. It says, “Discrimination against our LGBTQ+ brothers and sisters, including our LGBTQ+ youth, is unacceptable in this Commonwealth.” Beginning with state agencies, any effort to change a minor’s sexual orientation is condemned and outlawed.

A few important questions arise. When did it become OK for the government to rally around the supposed sexual identity of children, and then to prohibit parents and counselors from guiding them into what they believe is a healthier path that leads to human flourishing? When did it become OK for the governor to interfere with the rights of parents to seek counsel to help their children onto a better path in life?

The executive order violates First Amendment protections of freedom of speech and freedom of religion for biblical counselors. It also violates Section 5 A of the Kentucky Constitution, which says that, “the civil rights, privileges or capacities of no person shall be taken away, or in anywise diminished or enlarged, on account of his belief or disbelief of any religious tenet, dogma or teaching. No human authority shall, in any case whatever, control or interfere with the rights of conscience.”

The executive order lays the groundwork to extend beyond state agencies. Since a state board of licensure approves counseling status, this affects licensed therapists and counselors. Further, the order says that conversion therapy does not include treatment which is either affirming or neutral towards sexual orientation or gender identity. Does that mean that biblical counseling practices, based on a traditional Christian understanding of sex and gender, are considered suspect by the Commonwealth of Kentucky?

In 2020, the U.S. Court of Appeals for the Eleventh Circuit overturned two laws in Florida that would have banned counselors from helping their patients overcome unwanted LGBT identities. Last week, the Tenth Circuit rejected a constitutional challenge to Colorado’s “conversion therapy” ban. Expect the U.S. Supreme Court to eventually address the constitutionality.

We can agree that children shouldn’t be subjected to physically harmful techniques and shame-based approaches to help guide them to better life decisions but the ill-conceived and indefensible executive order has generated outrage across Kentucky. We expect the state legislature to take action in the 2025 General Assembly session.

Richard Nelson is the executive director of Commonwealth Policy Center . He is also the host of the Commonwealth Matters Podcast on Spotify.

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