FRANKFORT, Ky. (KT) – Gov. Andy Beshear signed an executive order Wednesday to officially ban the practice of so-called conversion therapy on minors.
The Democratic governor took the executive order route after the General Assembly declined to pass legislation, including House Bill 330 in the 2024 General Assembly, because of concerns it would infringe on religious freedom, freedom of speech and parental rights.
“Kentucky cannot possibly reach its full potential unless it is free from discrimination by or against any citizen – unless all our people feel welcome in our spaces, free from unjust barriers and supported to be themselves,” Beshear said. “Conversion therapy has no basis in medicine or science, and it can cause significant long-term harm to our kids, including increased rates of suicide and depression. This is about protecting our youth from an inhumane practice that hurts them.”
While most of those who gathered for the executive order signing in the Capitol Rotunda were affirming Beshear’s decision, several Kentucky Baptist pastors, other faith leaders and some Republican lawmakers strongly opposed it and court challenges are expected. The opposition mounted quickly.
“Why is Gov. Beshear determined to keep vulnerable children confused?” Rep. Josh Calloway, R-Irvington, posted to X. “I will fight this with every fiber of my being,” Calloway added, vowing to, if reelected, “file legislation on day one to stop this governor from pushing his harmful far-left agenda on struggling kids.”
Calloway said he was also “exploring other legal options to stop this egregious overreach.”
Sen. Robby Mills, R-Henderson, denounced Beshear’s order, saying on social media it “stands to chill and stigmatize Christian counseling in the midst of a mental health crisis” in the commonwealth.
A dozen Republican state senators joined in opposing the executive order later Wednesday afternoon. In a combined statement they said:
“Time and again, the Kentucky Supreme Court has told the governor he lacks the power to create policy in the commonwealth. Yet again, the governor is defying the Supreme Court, the General Assembly, and the doctrine of separation of powers.
“This executive order disregards the First Amendment rights regarding freedom of religion and speech and violates the fundamental parental rights and responsibilities for their children.
“The executive order uses such vague and overbroad language that health care providers are at risk, and children will be left without needed mental health care.”
The opposing senators are: Gary Boswell, R-Owensboro; Donald Douglas, R-Nicholasville; Greg Elkins, R-Winchester; Shelley Funke Frommeyer, R-Alexanria; Robbie Mills, R-Henderson; John Schickel, R-Union; Senate President Robert Stivers, R-Manchester; Lindsey Tichenor, R-Smithfield; Whitney Westerfield, R-Fruit Hill; Phillip Wheeler, R-Pikeville; Senate Majority Whip Mike Wilson, R-Bowling Green; and Max Wise, R-Campbellsville.
Kentucky Baptist Convention Executive Director Todd Gray said Beshear’s action could have serious consequences.
“While the full implications of Gov. Beshear’s executive order are not totally clear, Kentucky Baptists are alarmed at the possible impact on religious liberty and free speech. I would urge Kentucky Baptists to contact the governor’s office and respectfully express their concern that his nod to the LGBTQ+ movement comes at the expense of our ability to counsel those struggling with their sexual orientation and identity according to biblical truth,” Gray said.
David Walls, executive director of the Family Foundation, also fiercely opposed Beshear’s action.
“Governor Beshear’s executive order is an unlawful action that will hurt children, trample the fundamental rights of Kentucky parents, and suppress free religious expression. This order, like previous failed legislative efforts, is designed to promote false LGBTQ ideologies and muzzle Christian counselors, therapists, and pastors from helping children struggling with sexual orientation or gender identity confusion,” he said. “Kentucky parents and their children should be free to seek the faith-based counseling on sexuality and identity issues that they need. The Christian message on sexuality and human dignity is not harmful, it is life-bringing.”
The Family Foundation has strongly advocated against so-called “conversion therapy” bans in the General Assembly over multiple legislation sessions, and has previously explained numerous concerns, including explaining that the bans attack religious freedom and the very heart of the Christian message.
Clay Hall of Oak Grove Baptist Church in Paducah said the action was an invasion of freedom of speech (counseling), separation of church and state, and religious liberty.
“We have seen from other cities, states, and countries that using the term ‘conversion therapy’ is intentionally deceptive and vague,” Hall said. “What has traditionally been defined as ‘conversion therapy’ began as a barbaric practice developed by the secular world back when their best scientists proclaimed that homosexuality was a mental disorder. However, today, the term is used more broadly: as any effort to dissuade an individual from embracing an LGBTQ+ identity - even showing them what the Bible says about human sexuality, with the goal of pointing all of us to the power of Jesus Christ who enables us to submit all of our desires to the principles of His Word.”
Hall added, “This is more evidence that many progressive legislators believe that children in our communities are primarily their responsibility, rather than their parents. According to this executive order, we are to understand ‘conversion therapy’ as a warning to those who influence minors with any kind of counsel that might go against the minor’s feelings at that particular time.”
Richard Nelson, executive director of The Commonwealth Policy Center, questioned whether so-called conversion therapy was even happening in Kentucky.
“This really isn’t about some kind of abusive practice as much as it’s about the ability of parents to teach their kids moral boundaries and healthy sexual ethics,” he said.
“Parents have the right to guide their children on sexual ethics according to their faith tradition. And they have the right to take their children to counselors who support their beliefs. This executive order chills the speech and guidance of biblical counselors who are dedicated to supporting parents and the biblical sexual ethic.”
The executive order makes it illegal to use state or federal funds to provide conversion therapy on minors. It also gives licensing boards the authority to take disciplinary action against licensees found to have practiced conversion therapy on minors.
Beshear was the first sitting governor in Kentucky’s history to participate in the Statewide Fairness Rally and, in 2021, he proclaimed June as Pride Month for the first time in the commonwealth.
Gray encouraged Kentucky Baptists to pray that Beshear would change course.
“Pray for our governor to have wisdom on this matter so as to encourage human flourishing.”
