SALT LAKE CITY—Sutherland Institute submitted the following to the Utah Department of Commerce during the 30-day public comment period regarding therapy for children with questions about their sexual attractions or gender – currently labeled as conversion therapy:

Sutherland Institute recommends that the Department of Commerce not finalize any rule changes to R156-61, but rather that it act only to make policy recommendations regarding the regulation of therapies for children with questions about their sexual attractions or gender. Such action would place this important decision back in the hands of Utah’s state Legislature and the governor – offices elected by, and accountable to, the citizens of the state.

 

Sutherland maintains that in the absence of legislative action on complex policy issues, any outcomes will lack full perspective and accountability. Administrative rulemaking that precedes legislative deliberation and action is not a step toward sustaining the health of Utah’s politics and policymaking processes. While mental health professionals and regulators represent an important perspective on this issue – one that should be heard – the right and responsibility for developing a policy resolution to this issue lie with elected legislators and the governor.

 

Enacting a new statute entails a legislative process that engages deliberation in order to achieve balance and compromise, and requires consensus among the broader range of perspectives to win the support of a majority of duly elected representatives.

 

While this reality may make resolving a challenging policy issue such as this more politically and substantially difficult, experience has taught our state that this rigor tends to produce the best public policies. When the well-being of children and families is involved, the path toward the best public policy is the only satisfactory option.

 

Sutherland applauds the Division of Professional Licensing, the Department of Commerce and the Utah Psychologist Licensing board for their thoughtful efforts on this issue. We also applaud Governor Herbert for leaving open the door to legislative action. For the sake of the well-being of all children involved, the next step should not be administrative rule, but a sound legislative process.