Last week, Kentucky legislators voted to override Governor Andy Beshear’s veto and to supersede his recent executive order that banned voluntary counseling for minors by enacting a law that protects counseling for minors who want to overcome unwanted same-sex attractions, behaviors, and gender confusion. The new law, House Bill 495, also shields taxpayers from paying for hormone therapies and medically mutilating surgeries through Medicaid.

In September 2024, Gov. Beshear signed an executive order barring certified or licensed counselors from helping patients seek to embrace their biological sex. Under the order, state agencies could not use federal funding for any counseling involving efforts “to change an individual's sexual orientation or gender identity” or counseling “to eliminate or reduce sexual or romantic attractions or feelings toward individuals of the same gender.” Gov. Beshear defined the practice as “conversion therapy,” which is a made-up political term that is not used by counselors.

In response, the Kentucky House voted 78-20 while the Senate voted 31-6 vote to overwhelmingly override the veto. Known as the “Mental Health Counseling Protection Act,” the law declared an emergency in the state regarding mental health care which allowed it take effect immediately.

Specifically, the law protects “mental health care professionals, mental health care institutions, and ordained ministry” so they can provide counseling services to their clients seeking help. The law also prohibits the state’s licensing authority from “investigating” them solely because they provide these counseling services. Parents and guardians are also protected under the law as it prohibits discrimination against those who consent to counseling for their children.

Essentially, the law ensures minors can talk freely about their feelings and confusion with their counselors, who then in turn can freely discuss therapeutic choices to help them reach their counseling objectives.

At least 23 states have counseling bans for minors either by law or executive order. In Colorado, Christian therapist Kaley Chiles is fighting the state’s law that bans counseling by arguing it violates the free speech of licensed counselors. The U.S. Supreme Court has agreed to hear her case later this year. Liberty Counsel had filed an amicus brief urging the High Court to take the case. Liberty Counsel intends to file an additional amicus brief recommending that SCOTUS end the profound and harmful impact counseling bans are having on the First Amendment rights of licensed counselors and the mental health of minors. 

Liberty Counsel has represented licensed counselors who have used counseling to help many people. Through Liberty Counsel’s efforts, city ordinances in Florida and Iowa banning this type of counseling have been struck down or repealed preserving the free speech rights of counselors so they can help their clients to reduce or eliminate unwanted same-sex attractions, behaviors, or gender confusion.

Several clients of these counselors have testified under oath that without counseling they would have continued down a dark, irreversible path, and it was the counseling that helped them resolve their health issues to embrace their biological sex.  Counselors are like a GPS for mental health. The clients tell the counselor the direction in which they want to go, and the counselor helps them reach that destination. Counseling operates from the viewpoint that people do not have to be chained to gender dysphoria or unwanted desires, behaviors, or confusion. Clients have the choice to set their counseling objectives. 

Liberty Counsel Founder and Chairman Mat Staver said, “We commend the Kentucky legislature in this veto override for protecting religious liberty, free speech, as well as licensed counselors and their minor clients needing their help. Governor Andy Beshear had no business inserting himself between a client and a counselor. Counselors and their clients should have the freedom to choose the counsel of their choice.”