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GOP House speaker to Gov. Hobbs: Cancel executive order on 'conversion therapy'

Speaker Ben Toma says the order is "very likely unconstitutional." Hobbs spokesman says Toma is misreading it.

PHOENIX — Republican critics of Democratic Gov. Katie Hobbs' recent executive orders are ramping up their pressure on the governor with calls to cancel the orders.

In a letter to Hobbs, Republican House Speaker Ben Toma calls on the governor to rescind her order last week barring state agencies' support for "conversion therapy." 

The scientifically discredited practice aims to change a person's sexual or gender identity. 

Also, 12 of Arizona's 15 county attorneys, led by Republican prosecutor Rachel Mitchell of Maricopa County, urged Hobbs to rescind a separate executive order that stripped local prosecutors of their authority over abortion-related crimes.

The bipartisan group of county attorneys, including the Democratic prosecutors in Coconino and Santa Cruz Counties, gave Hobbs a Friday deadline to act. 

Both Toma and Mitchell have warned of potential litigation to block the orders.

A Hobbs spokesman responded that Toma was misreading the governor's order, and that the governor wouldn't undo the abortion order.

Here's what we know: 

Toma: Order 'likely unconstitutional'

Toma contends that only the Legislature has the power to ban conversion therapy.

"Your recent Executive Order ..., purporting to 'protect young people from conversion therapy,' is very likely unconstitutional," Toma wrote.

"Although other states have enacted laws banning conversion therapy, those states have made that policy choice through the legislative process." 

Toma also warns the order might violate the state's "parents bill of rights."

He urges Hobbs to rescind the order in order to avoid "costly and unnecessary litigation."

Not a statewide ban

Hobbs' communications director, Christian Slater, told the Arizona Capitol Times that the governor's order doesn't impose a statewide ban on conversion therapy, as Toma suggests.

Slater acknowledged a statewide ban would have to go through the Legislature.

Hobbs' order, he said, "is just a ban on the state promoting or supporting conversion therapy."

Bars use of state, federal dollars

The order, issued June 27, bars Arizona government agencies from using state or federal dollars to promote conversion therapy for minors, including state insurance reimbursement for the treatment. 

Both the American Psychological Association and the American Academy of Child and Adolescent Psychiatry say conversion therapy is not based on science and can be harmful.

The Biden Administration has taken similar steps to limit the use of federal dollars on conversion therapy for minors.

What's happened at Capitol

In recent years, the Republican-controlled Legislature has heard bills both protecting and setting limits on conversion therapy. 

None of the bills made it to the governor's desk. 

For five years in a row, ending in 2022, former Democratic state Sen. Sean Bowie of Mesa tried to bar the use of conversion therapy on minors.

Two years ago, former Republican state Sen. Vince Leach of SaddleBrooke introduced legislation would have overturned a Pima County ordinance prohibiting the use of paid conversion therapy on minors. 

Similar laws would also have been barred by the Leach bill. 

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