The Kentucky House of Representatives recently passed House Bill 495. As I understand it, the bill as originally proposed by David Hale sought to protect counselors, pastors, and therapists providing therapy to minors from discrimination by the government. An amendment added to the bill ended up containing language that invalidated an executive order by Governor Andy Beshear restricting the practice of conversion therapy.
Proponents of the bill argue that the bill protects counselors from discrimination while opponents of the bill argue that the bill actually codifies into law discrimination of certain individuals.
I will not be discussing the merits or demerits of this bill or its actions. I will, however, be discussing a general pattern we have seen over the last few years with respect to what have been referred to as counselor conscience laws. When using the term “counseling” in this piece, I am referring to the professional practice of working with individuals seeking assistance with various problems/disorders as practiced by a wide range of mental health providers such as counselors, social workers, psychologists, marriage/family therapists, and chemical dependency counselors.
In recent years, state legislatures have debated laws that would allow counselors to refuse services based on personal beliefs. These laws are often framed as protecting the “rights” of mental health professionals. But I believe a good argument can be made, that they actually undermine the very foundation of counseling itself.
Counseling is not about the counselor’s rights, it is about the client’s well-being. When individuals seek mental health care, they are often in distress, vulnerable, and searching for support. They come to counseling expecting professionalism, ethical treatment, and evidence-based care, not personal judgment or ideological barriers.
The Ethical Obligation of Counselors
Those in the various counseling professions are guided by ethical codes, such as those set by the American Psychological Association (APA), American Counseling Association (ACA) and the National Association of Social Workers (NASW). These codes are clear: counselors have a duty to provide competent, nonjudgmental care to all clients, regardless of their personal beliefs. This includes LGBTQ+ individuals, people of different faiths, and those whose life choices may not align with a counselor’s personal values.
The ACA’s Code of Ethics explicitly states that counselors should not impose their personal values on clients and should refer out only when competence, not disagreement, prevents effective treatment. This is because the counseling profession is about serving the client, not about protecting the comfort or the conscience of the counselor.
The American Psychological Association has stated the following: “The Guidelines and Principles for Accreditation, as endorsed by the discipline of psychology, require psychology training programs to ensure that all students attain an understanding of cultural and individual diversity as related to both the science and practice of psychology (as well as their integration), along with the relevant skills and competencies to provide services to all segments of the general public. Although referral to other providers is desirable, appropriate and/or even called for in certain circumstances, there are significant limits on the practicality of referral when professionals are serving in certain settings, such as schools and rural communities”.
The Harm of Counselor “Conscience” Laws
Laws allowing counselors to refuse services based on personal beliefs create significant harm:
- Barriers to Care – Clients, especially in rural or underserved areas, may have no alternative providers, leaving them without essential mental health services.
- Reinforcement of Stigma – Being turned away by a counselor can deepen feelings of rejection, shame, and unworthiness, especially for LGBTQ+ individuals, survivors of trauma, or those struggling with identity issues.
- Erosion of Trust – Clients need to feel safe in therapy. If they must wonder whether their counselor will judge or reject them, the therapeutic relationship is compromised before it even begins.
The Slippery Slope of Selective Counseling
If counselors can refuse services based on personal beliefs, where does it end? Could a counselor deny services to an interracial couple? A person of another faith? Someone who has had an abortion? Considering Abortion? Divorce? Considering Divorce? These are not hypothetical concerns—history has shown that allowing discrimination in one area often paves the way for broader exclusions.
Counselors are not clergy. They are not engaged to provide spiritual guidance based on their religious beliefs and convictions. They are mental health professionals trained to serve diverse populations with care, respect, and competence.
Professionalism Over Personal Belief
No one is forced to become a counselor. Those who join this profession do so with the understanding that their role is to serve all clients with dignity and without bias. Individuals in the counseling profession are bound by various laws, rules, regulations, and ethical mandates. Many states have incorporated the ethical standards adopted by various professional organizations into the state laws, rules, and regulations that govern the practice of counseling in that state.
If a counselor believes they are unable or unwilling to avoid imposing their personal beliefs or values on clients, the ethical approach is not to seek permission to discriminate in order to feel better about it. Instead, they should pursue training, consultation, or supervision to learn how to work effectively with clients who may have different perspectives. At the very least, they should allow a qualified professional, who can set aside their personal beliefs, to take over the role. Seeking legal protections to justify one’s inability to remain impartial is not a suitable solution.
Counseling should be a sanctuary from, not a battleground for ideology. When we prioritize the rights of counselors over the needs of clients, we fail in our fundamental mission, to help those who seek healing.
If you are more worried about your rights as a counselor than the rights and well-being of your client, it may not be counseling that you are seeking to practice.
If you expect to only counsel those who look like you, sound like you, and think like you, it may not be counseling that you are seeking to practice.
If your preference is to work exclusively with clients who hold the same beliefs, opinions, and worldviews as you, it may not be counseling you are seeking to practice.
If you find yourself uncomfortable with clients who hold differing perspectives or challenge your assumptions, it may not be counseling you are seeking to practice.
If you want to feel good about or be in agreement with every decision or action a client makes, it may not be counseling that you are seeking to practice.
I want to clarify that I’m not saying counselors shouldn’t advocate for themselves, either as individuals or as part of their profession. However, prioritizing your own mental comfort over your client’s needs and well-being goes against the core principles of counseling. Counseling should focus on addressing the needs of the client, rather than expecting clients to share or support your personal beliefs and values.
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