Gov. Haslam under fire for signing controversial counselors' bill into law

Tennessee Gov. Bill Haslam talks with reporters earlier this month in Nashville. (AP Photo/Mark Humphrey)
Tennessee Gov. Bill Haslam talks with reporters earlier this month in Nashville. (AP Photo/Mark Humphrey)

NASHVILLE - Republican Gov. Bill Haslam continued to take flak Thursday over his signing into law a controversial bill that allows Tennessee's mental health counselors with "sincerely held principles" to reject lesbian, gay, bisexual and transgender clients for religious or other reasons.

The latest response came from the American Counseling Association, which fought the law Haslam signed Wednesday that allows licensed counselors and therapists with strong religious or personal beliefs to refer clients to others if they can't accept the clients' goals.

ACA officials are now weighing whether to cancel their planned convention in Nashville next year. Association officials placed this message on the 2017 convention page section of the professional group's website:

"WARNING: In light of recent legislative actions in Tennessee, ACA is currently weighing options regarding the location of the 2017 Conference and Expo. More information coming soon."

Meanwhile, Washington Secretary of State Kym Wyman, a Republican, announced on Wednesday that due in part to the new Tennessee law, neither she nor her staff will be attending this summer's National Association of Secretaries summer meeting in Nashville.

Wyman cited upcoming party primary elections that she oversees, as well as implementing new business-related software. But she noted that "also entering into my decision was today's action by Tennessee Gov. Bill Haslam to sign a bill that allows mental health counselors to refuse treatment of patients based on the therapist's religious or personal beliefs," The Associated Press reported.

Haslam was in Chattanooga on Thursday to address the Better Business Bureau's annual luncheon. He defended signing the bill into law, noting counselors should be able to turn away people just as doctors and attorneys legally can do.

"We let lawyers turn down clients," Haslam said.

Asked later about Wyman's statement, the governor said "I'm sorry that she'll miss all the wonders in Tennessee."

Haslam, meanwhile, told Chattanooga's WRCB-TV that Tennessee's bill is very different from far-reaching measures enacted in North Carolina and Mississippi that have prompted boycotts. The station quoted Haslam calling it "dangerous when people lump issues into one category."

The ACA blasted the Tennessee legislation as "Hate Bill 1840." Critics lump it in with a number of other "religious freedom" bills promoted in many Republican-run states. As for what the ACA might do, spokeswoman Taylor Booth said, "I think the governing council of ACA is still kind of weighing their options, haven't made a decision yet either way."

That group, as well as the Tennessee Equality Project, which advocates on LGBT issues, say young LGBT students are especially vulnerable and prone to bullying and even pushed to suicide. While Haslam cites the referral provisions, critics say rejection is hard on someone already having problems, and referrals are difficult in rural areas.

Haslam press secretary Jennifer Donnals said in a statement on the American Counseling Association situation that "we hope the ACA thoughtfully considers all that Nashville and Tennessee have to offer and chooses to host its 2017 conference here."

When signing the legislation, which was opposed by lesbian, gay, bisexual and transgender groups, Haslam said he believed provisions in the bill "addressed concerns I had about clients not receiving care."

Haslam also said the new law "clearly states" it won't apply to a counselor or therapist dealing with someone in "imminent danger" of harming him or herself. Secondly, the counselor or therapist must coordinate a referral to another professional who will provide counseling, Haslam said.

The Tennessean, which first reported the ACA website alert about its Nashville convention, quoted Butch Spyridon, president of the Nashville Convention & Visitors Corp., as saying that, while that organization is disappointed Haslam signed the bill, officials respect the governor's decision and hope the counselors group decides to come.

However, Spyridon told the newspaper there could be additional repercussions.

"We had several clients who expressed their concerns over this bill, and how it may affect their decisions to meet in our city," Spyridon said. "It's too early to know how they [concerned convention groups] will respond, but we will work directly with them to minimize the impact. We hope our clients understand this does not reflect Nashville's long-standing values of being an open and welcoming city."

Also on Thursday, Tennessee Democratic Party Chairwoman Mary Mancini denounced the bill as "dangerous" and took aim at the GOP-dominated General Assembly, charging Tennessee is being run by "an extremist Republican majority drunk with power."

But social conservatives and others are rushing to Haslam's defense.

"We are delighted that Governor Haslam joined a large majority of our legislators in supporting conscience protections for professional counselors in this state by restoring to them the right they have had for decades to make referrals when they did not think they could, in good conscience, help a person achieve their therapeutic goals," said David Fowler, president of the Family Action Council of Tennessee, in a statement.

Fowler, a former Republican state senator who represented Signal Mountain, said state law follows the American Counseling Association's ethics code. Because of that, he said, ACA's 2014 changes to the code resulted in professionals with profoundly held religious views being labeled unethical and subject to losing their licenses.

"[A] new state law to restore that right became necessary" as the result, he said.

The bill was one of several measures in Tennessee and other states LGBT advocates say unfairly targeted them.

Another controversial measure did not pass Tennessee's legislative session that ended last week. It sought to require transgender students to use communal bathrooms and locker rooms that match the gender listed on their birth certificates.

Haslam had expressed reservations about that measure.

Staff writer Tim Omarzu contributed to this story.

Contact staff writer Andy Sher at 615-255-0550 or asher@timesfreepress.com.

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