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SALT LAKE CITY — A proposed rule that would effectively ban conversion therapy — crafted at the request of the governor and opposed by The Church of Jesus Christ of Latter-day Saints — has set the stage for an “interesting conversation” on Capitol Hill, the speaker of the Utah House of Representatives said Wednesday.
The on Tuesday announced its opposition to the proposed licensing rule, saying it would rather see the rule amended or replaced with legislation. The announcement drew swift and vocal response from LGBTQ groups and Utah Democratic leadership.
Now state leaders must figure out how to “align (the) interests” of those in support of and opposed to the rule, House Speaker Brad Wilson, R-Kaysville, told reporters the next day.
“We need to make sure that what’s happening in that space, these conversations with youth, are happening in the right way,” Wilson said. “I think that from what I’ve seen, the LDS Church feels the same way. So how do we align interests there? It’s an interesting conversation we’re going to have to have.”
The church, while denouncing “any abusive professional practice or treatment,” said Tuesday it had concerns that the rule was too ambiguous and would not protect individual religious beliefs. Meanwhile, supporters of the rule say it’s a necessary step to address the issue after the 2019 legislative session, which saw a bill to ban conversion therapy undergo significant changes and ultimately die.
Gov. Gary Herbert told the Deseret News Wednesday he was glad to see The Church of Jesus Christ of Latter-day Saints commenting on the new rule.
Comment is needed, the governor said, adding that the church’s weigh-in is “just one of many.”
The same day, state Democratic leaders voiced support for the rule in the wake of the church’s announcement.
“Due to the lack of action in the last legislative general session to ban conversion therapy, we believe the proposed ... rule is a reasonable, common sense measure to end the harm this discriminatory practice is causing in our state until legislative action takes place,” Senate Democrats said in a statement Wednesday.
Herbert in June directed the Utah Division of Occupational and Professional Licensing to craft a rule governing sexual orientation and gender identity change efforts after HB399 did not pass in the 2019 session.
HB399, which resembled similar laws passed in 16 other states, would have made it illegal for licensed therapists and health professionals to attempt to change or “fix” a minor’s sexual orientation or gender identity. The bill was supported by local LGBTQ organizations including Equality Utah and was not opposed by the church.
But before HB399 came to a vote, it was replaced by a substitute bill that eventually died, leaving the issue of conversion therapy unaddressed by the Legislature.
“It is abundantly clear that the Legislature is competent to address this issue,” the church’s counseling services arm, Latter-day Saints Family Services, wrote in a letter to the Division of Occupational and Professional Licensing on Tuesday.
While “well intentioned,” the rule “as written will strongly dissuade many responsible therapists from providing much-needed therapy to minors,” the letter said. “That is especially true of therapists whose counseling respects the religious identity and faith perspectives of Latter-day Saints and members of other faith communities with biblically informed beliefs about gender and sexuality.”
One state representative, Rep. Angela Romero, D-Salt Lake City, said Wednesday she was disappointed in the church’s announcement.
“It’s hypocritical to preach compassion while condoning this hateful and failed practice,” Romero said in a statement. “This issue is not about upholding the rights of religious beliefs. It’s about protecting youth from practices known to inflict harm.”
House Democratic Caucus leadership wrote in a statement that conversion therapy “is widely condemned by mental health professionals across the nation,” adding, “The state is correct to pursue policies that ensure safety and protection of children from harmful practices.”
Salt Lake City Councilwoman and mayoral candidate Erin Mendenhall also weighed in Wednesday, saying she “strongly” supports the proposed rule.
“We should be protecting children, not therapists,” Mendenhall said.
With the 2020 legislative session approaching, the issue is “something we care a lot about,” Wilson told reporters Wednesday.
“I do suspect, at least at the high level, we’ll have some policy discussions about this issue,” Wilson said. “I know there’s been a lot of work put into it.”
Contributing: Lisa Riley Roche
