LEGISLATIVE UPDATE - Unilaterally dictating state law, executive order infringes on religious liberty, parental rights

A great deal of concern has been raised over the past few days about an executive order issued by the governor regarding conversion therapy. 

Regardless of how you feel about this specific issue, we should all be concerned about the abuse of power used to implement it. You see, the legislative branch that makes law, not the governor. And, we do so by adopting laws through a careful process that includes public input, discussion and televised debate. 

Executive orders, on the other hand, are unilateral directives issued by the governor with no public review, no transparency, and no public input. They are a tool used only to manage state government and address emergencies when the legislature is not in session. However, time and again this tool is misused by the chief executive because he refuses to work with the legislature. This edict from the governor subverts the policymaking process and the Constitution's separation of powers.

This executive order also subverts constitutional protections for religious liberty. According to the American Academy of Child and Adolescent Psychiatry, conversion therapy is an intervention or therapy designed to alter same-sex attractions, or an individual's desire to be another gender, with the specific aim of promoting heterosexuality. There have been reports of instances where questionable and even dangerous practices were engaged. However, there are existing laws to address those who harm a minor. Within the scope of their profession, licensed providers like physicians, therapists, and social workers must follow the rules set out by their licensing boards. However, that does not mean they are required to set aside their own personal religious beliefs. In fact, courts have repeatedly upheld protections that allow providers to practice a profession while still upholding their religious beliefs. 

Under this Order, however, a doctor, nurse, or pastoral counselor might lose their license to practice for simply reassuring a girl that just because she is a tomboy does not necessarily mean that she was born in the wrong body. It could also be used to deny foster care or adoption services to families because of faith-based beliefs.

This executive order treads on parental rights by limiting a parent's ability to seek spiritual counseling that aligns with their family's religious and moral beliefs. This overly broad order prevents parents from finding a child struggling with sexual identity help from licensed professionals who offer faith-based guidance. 

Let us be clear, this is not the first instance of the governor using his office to strongarm people of faith. His administration tried unsuccessfully to end state contracts with Sunrise Children's Services, a Christian ministry that provides services to children in the state's care, because they refused to abandon their faith to obey personal dictates from this governor. And, during the pandemic, he unilaterally banned in-person worship while allowing people to shop at big-box stores. Both of these abuses ended badly for the administration, with losses in the court of public opinion or in the court of justice. 

There are many concerns about this dangerously vague executive order, the very greatest of which is that it will inflict further harm on a generation of troubled children. Ultimately, it is an exploitation of power resulting in a policy that is too broad, too vague, and too punitive.

I will continue to report back on this issue as it develops. 
 
As always, I can be reached anytime through the toll-free message line in Frankfort at 1-800-372-7181. You can also contact me via e-mail at Timmy.Truett@kylegislature.gov and keep track through the Kentucky legislature's website at legislature.ky.gov.