Washington, D.C. Newsroom, Sep 25, 2024 / 07:00 am

In the wake of Kentucky Gov. Andy Beshear signing an executive order banning “conversion therapy” for children, some experts are raising the alarm that the move could have a “chilling effect” on beneficial mental health counseling.

The order, signed by Beshear last week, defines conversion therapy as “any practice, treatment, or intervention that seeks or purports to change an individual’s sexual orientation or gender identity, including efforts to change behaviors or gender expressions or to eliminate or reduce sexual or romantic attractions or feelings toward individuals of the same gender.”

The order prohibits state and federal funding for conversion therapy and counseling and gives state licensing boards authority to penalize practitioners offering such services to minors.

In a Sept. 18 press statement, the state’s Democratic governor 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.”

“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,” the governor said. “This is about protecting our youth from an inhumane practice that hurts them.”

Free speech experts raise alarm

According to Liberty Counsel, a law firm specializing in religious freedom and free speech, the order’s broad definition of conversion therapy means that therapists are prohibited from simply counseling patients who want to overcome unwanted same-sex attraction or gender confusion.

The law firm also called the order an “unconstitutional” sidestep of the Kentucky Legislature after that branch of the state government has repeatedly protected children by rejecting attempts to enact an actual law banning counseling.  

“Counseling for gender confusion is actually talk therapy,” Liberty Counsel said in a Sept. 19 press release. “Gov. Beshear’s order ignores minors with unwanted same-sex attractions or gender confusion and makes it illegal for them to get professional help to stop their mental distress.”

Daniel Schmid, an attorney with Liberty Counsel, told CNA that since only the legislature can ban conversion therapy the order is largely a “paper tiger” with little legal effect and cannot prohibit counseling.

Nevertheless, he said the order “creates a significant First Amendment problem” for counselors, children, and parents. He said the order will likely have a significant chilling effect on therapists who may be intimidated by the threat of losing their professional license.

“If you’re a licensed professional, loss of your license is loss of your livelihood,” he said. “If all you do is listen to the media or listen to what the governor said, which is that we’re prohibiting this and we’re going to come after the people who do it, that is a significant enough cause for concern for many counselors.”

“There may be counselors out there who say, ‘Well, I don’t like the idea in here that I could be referred for professional discipline.’ That’s, of course, a chill,” he said.

Conversion therapy bans

Currently, 28 states and the District of Columbia restrict or ban conversion therapy on minors, according to data gathered by the pro-LGBTQ think tank the Movement Advancement Project.

Melissa Moschella, a professor specializing in biomedical ethics and parental rights at the University of Notre Dame, told CNA that these bans effectively put a gag on therapists from seeking out the underlying causes of gender dysphoria and instead mandate “really bad therapy.”

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“A lot of the support for these bans, at least initially, came from horror stories about electroshock therapy for people with same-sex attraction and things like that,” she explained. “But now the term conversion therapy is defined so broadly that it basically means any form of therapy that doesn’t completely affirm and support either a same-sex attraction or a transgender identity.”

Moschella said there is “no evidence at all” that so-called conversion therapy, which she said seeks to explore the underlying mental health issues surrounding gender, increases suicidality or exacerbates mental health problems. On the contrary, she said this type of therapy appears to be “the only therapy that in the long run actually seems to help.”

Ultimately, Moschella said these bans will “make it much harder” for parents to find good therapists and will “require a great deal of courage” on the part of therapists to offer genuine counseling to children suffering from gender dysphoria.