In the wake of executive orders across the country restoring LGBTQ rights, there is still an uphill battle being fought in Kentucky to ensure protections.
Written by Jada Csonka
Four of the most important bills in play this session are the Youth Mental Health Protection Act, listed under SB30 and HB19, as well as a Statewide Fairness Law, HB116 and HB130. The Youth Mental Health Protection Act would ban the practice of mental health professionals engaging in sexual orientation or gender identity change efforts with minors, and the Statewide Fairness Law would prohibit discrimination on the basis of sexual orientation or gender identity.
In an interview with Forward Kentucky, Chris Hartman, executive director of the Fairness Campaign, reflected on the state’s progressive past: “Kentucky was the first state south of the Mason-Dixon Line to pass their own version of civil rights law in 1966 after the 1964 Civil Rights Act. So Kentucky has a long history of being a pioneer when it comes to civil rights protections, but I don’t know that that’s going to be the case for LGBTQ rights.”
With no explicit vote assurances, Hartman offers hope for those who want to measure the success of the bills: “The best way to tell a bill’s progress through the years is usually by looking at the list of cosponsors on a piece of legislation, and you can see support for both the measures steadily growing through the years.”
Despite uncertainty, Hartman expressed optimism for the Youth Mental Health Protection Act and a statewide Fairness ordinance: “Both bills have surpassed dozens of cosponsors now from both sides of the aisle, in both the House and the Senate … That is a clear indication that folks are more open to this conversation than they were 5, 10, certainly 15 years ago.”
Of the two bills, Hartman believes the Youth Mental Health Protection Act may be setting the stage for more conversations around LGBTQ rights:
“There does seem to be a larger bipartisan coalition of folks who are willing to talk about banning conversion therapy. Seems to be maybe an entry point for some legislators who are just exploring support for some types of LGBTQ rights or protections. I think the forecast for this year is that it is possible that there could be movement on the bill to ban conversion therapy.”
“We just had a poll a week ago or so … that showed that more than 70% of Kentuckians supported a bill to ban conversion therapy. … We know that the public support is there, but the difficulty is that that does not translate to the success in the Capitol.” Hartman stated.
When asked what chance the Youth Mental Health Protection Act may have for passing this session, there is still some doubt: “Well, that might be about 50/50, that might be optimistic.” However, he believes there may be more play in the General Assembly this year than years past: “… a 60 to 70% chance of potentially getting a hearing in either the Senate or the House.”
The Statewide Fairness Law may be a stretch, says Hartman: “A Statewide Fairness Law would maybe get close to getting enough support from both sides of the aisle to pass a floor vote. But again, just given the climate that has been in Frankfort for the past several sessions, it is still going to be a bit of a journey to get to the point where the floor is voting on either of these measures right now.”
Although there is still wavering support for a Statewide Fairness Law and the conversion therapy ban, Hartman noted another important piece of legislation he believes may have some success this session:
“I love State Representative Patty Minter’s HEROES Act … The HEROES Act would restore state veteran benefits for LGBTQ service members who had been discharged under the “Don’t Ask, Don’t Tell” policy or even before the “Don’t Ask, Don’t Tell” policy … I think that’s something that could really garner a lot of bipartisan support. An issue that supports veterans that is respectful of the service that they’ve given to the country. I’d love to see a bill like that move forward.”
For those who want to get involved, Hartman offers some advice on how to best make an impact:
“The easiest and most effective way to do it is to leave that message on the 800 line — 1 (800) 372-7181 — and that is if you want to leave a message in support or in opposition of something you care about, or if you want to try to request a meeting with your State Senator, State Representative– that’s the best thing to do, is to make that call.”
Unsure about what the future may hold in ensuring LGBTQ protections, Hartman has a short-term goal:
“While we would love to really advance the good stuff that we want to see the Commonwealth do to show that it’s an inclusive and welcoming place, we have got to spend all of our resources to ensure that the rights that do exist for LGBTQ people in Kentucky today are not stripped away … I would love to see statewide fairness, the conversion therapy ban, and the HEROES Act move forward, but what will make me happiest is if we get through another legislative session without a single anti-LGBTQ bill becoming law.”
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