Tennessee Lawmakers Approve Counseling Bill, And An LGBT Group Immediately Calls For A Veto

A group representing gay and lesbian Tennesseans is asking Gov. Bill Haslam to veto legislation that would let therapists turn away clients for religious reasons, after the state House of Representatives approved the measure Wednesday.

House lawmakers voted 68-22 to approve House Bill 1840, a measure that says licensed counselors in Tennessee cannot be punished if they decide to refer clients to other therapists over “sincerely held principles.”

The Tennessee Equality Project, an LGBT advocacy group, says the measure will make it harder for gays and lesbians to find counseling — particularly in rural parts of the state where religiously conservative therapists are common.

The group
wants a veto, but Haslam says he’s also heard from counselors on the other side of the issue.

“Some of them feel very strongly that, ‘I’m not doing my job if someone comes to me wanting help with a problem, if I don’t at least tell them here’s where I’m coming from. That I’m doing them a disservice’,” he said shortly after Wednesday’s vote.

The Senate has also voted for the proposal. There are some minor differences between the two versions, but both would throw out a 2014 change to the American Counseling Association’s code of ethics.

It said counselors cannot pass on clients solely because they have religious objections to them. Those rules are recognized as law in Tennessee and 15 other states.

Tennessee lawmakers say this is a violation of counselors’ First Amendment rights. They worry that therapists with an explicitly faith-based practice could be targeted by LGBT groups unless they intervene.

Haslam says he sees those concerns. But he has to balance those concerns against the risk to the state’s reputation if he signs the legislation.

“They (state lawmakers) need to obviously always vote their conscience,” he said. “One of the things, though, that we should be mindful of is, is there a broader impact?”

Haslam acknowledged the recent blowback in North Carolina — where several companies are threatening to pull out over legislation seen as discriminatory toward gay and lesbian people.

He said he hasn’t made up his mind whether to sign or veto the counseling measure, but added part of his job as governor is to protect Tennessee from such consequences.