‘Support people regardless of who they love.’ NKY Republican lawmaker pushes for LGBTQ rights

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At first glance, Rep. Kim Banta may seem like a standard Republican lawmaker. Pro-gun. Anti-abortion. Fiscally conservative.

Except for one issue. 

She is the primary sponsor of two LGBTQ-related bills pre-filed for the upcoming legislative session in Kentucky. 

Banta, of Fort Mitchell, is the only Republican sponsor of the bills, which will be discussed during the legislative session that will begin in January.

The bills seek to repeal an old and unenforced law that criminalizes sodomy between men and ban conversion therapy from licensed mental health professionals.

Banta was also listed as a sponsor on a third bill that seeks to prohibit discrimination based on sexual orientation and gender identity. Banta is no longer a sponsor. She said that wasn’t due to pressure, but cited discord among Democrats over two almost identical variations of the bill.

For supporting those bills, a local Republican party said she was helping to destroy ”traditional marriage and the family” and usher in a “Socalist/Communist support structure.” 

“We encourage any Republicans supporting this effort to realign with their party,” the Boone County Republican Party said in a statement. 

Banta was elected in 2019 with 63% of the vote. She represents the 63rd House District, which includes parts of Boone and Kenton Counties. In 2020, she was endorsed by the National Rifle Association and Kentucky Right to Life, among others.

How did she get here? Banta, 57, spent her career in education. She served as a teacher at Simon Kenton High School, assistant principal and principal at Dixie Heights High School and assistant superintendent for Kenton County Schools. She retired in 2019 as the county’s chief academic officer.

During her time as principal, Banta witnessed students exploring and sometimes trying to hide their identities. She thinks about how it could hurt a student if a teacher expressed homophobic views and wasn’t supportive. 

“I see how hard kids struggle, and I just don’t think we need to add things to make their lives harder when they’re questioning everything about themselves,” she said.  

Not government’s business ‘who you love’ 

Some of Banta’s Republican colleagues have said publicly they are against gay rights legislation because of their Christian faith. Banta is also a Christian. 

“I’m of the belief that God doesn’t make mistakes. And he created all of us,” she said. “And if you believe that, then you take it all. You don’t pick and choose what fits your narrative.”

Banta said when she meets her Maker, she doesn’t think God will be angry she stood up for children who are part of the LGBTQ community. 

Banta believes in smaller government and doesn’t think the government should have too much control over people’s lives. Her views on gay rights fit into this. 

“I don’t think any political party should be involved in who you love,” she said. 

She realizes people may argue a ban on conversion therapy is an overstep of government. Banta argues that by licensing mental health professionals, the commonwealth is, in effect, saying those are safe people to send your child to. She said that while she believes in small government, there are certain places to draw the line, and harming children shouldn’t be allowed. 

Although Banta is the only Republican sponsor of these bills, she sees this as a human issue rather than a partisan one. She also thinks the legislation is something some Republicans will support, especially younger members of the party.

She isn’t worried, though, about her popularity among Republican colleagues in Frankfort. 

“I didn’t get elected to go down there and make friends. I didn’t get elected to keep this job,” she said. “I got elected to do things that help the people in my area and in Kentucky.”

Boone County GOP condemns effort 

The Enquirer reached out to Republican party leaders in both Boone and Kenton counties, the counties Banta represents. Kentucky House Speaker David Osborne, R-Prospect, didn’t respond to two requests for comment. 

“Representative Banta and all of Kenton County’s Republican legislators do a great job looking out for the diverse communities that make up their respective districts and the Republican Party,” said Shane Noem, chair of the Kenton County Republican Party. “Kenton County is fortunate to have strong conservative leaders representing Northern Kentucky in Frankfort.” 

Noem declined to comment about the specific bills. 

Chet Hand, the Boone County chair, provided a statement condemning the legislation.

“Progressive Democrats continue to push an agenda that exacerbates confusion around sexual orientation and prevents appropriate care from being provided to those suffering from gender dysphoria,” the statement read. “Any attempt to prevent appropriate care, or criminalize people seeking care is abhorrent and abusive.”

Anna Burke, president of Common Ground, an LGBTQ advocacy organization at Northern Kentucky University, said she was surprised a Republican was sponsoring this legislation but that the bipartisan sponsorship makes her more hopeful it could pass. 

“I really appreciate the Republican representatives’ ability to go against what I think the majority of her party would say to sponsor this,” Burke said. 

About the bills

Sodomy

“A person is guilty of sodomy in the fourth degree when he engages in deviate sexual intercourse with another person of the same sex,” the Kentucky statute reads. 

In 1992, this law was struck down in a 4-3 decision by the Kentucky Supreme Court, which ruled the statute violated the right to privacy and equal protection of the law. In 2003, the U.S. Supreme Court issued a similar ruling and struck down a Texas law that criminalized intercourse between members of the same sex. 

Because the Kentucky Supreme Court ruled the statute against fourth-degree sodomy was unconstitutional, it is unenforceable. Banta seeks to repeal it for appearance’s sake. 

“I feel like it makes us look unfriendly to businesses who may be trying to come into Kentucky. When businesses are coming in, you want to have diversity, you want to be inclusive, and I just feel like that’s kind of a slap in the face,” she said, referring to the sodomy law. 

Banta said she is aware of this happening, where businesses were drawn to other states that had more inclusive laws. The deals were discussed in private, so she wasn’t able to provide specifics. 

Conversion therapy

This is the second year in a row Kentucky has tried to pass a ban on conversion therapy. Last year, it didn’t come to a vote. 

This year, it’s being sponsored by Banta in addition to Democrats Rep. Lisa Willner, Rep. Joni Jenkins, Rep. Nima Kulkarni, Rep. Attica Scott and Rep. Buddy Wheatley, of Covington. Last year, among the bill’s sponsors was State Sen. Alice Forgy Kerr, R-Lexington. 

Banta hopes that with the addition of some younger representatives, there will be a different result. 

According to a report by the American Psychological Association, conversion therapy can be harmful and dangerous for LGBTQ youth, as it tells them there is something wrong with them and tries to force a “cure” for their sexual identity. Conversion therapy is banned in 20 states, reports Born Perfect, a campaign to end conversion therapy created by The National Center for Lesbian Rights. 

If passed, the Kentucky legislation would only affect conversion therapy from licensed medical professionals. The practice would still be legal if offered by religious leaders. 

By upholding the separation of church and state and not interfering with practices of religious leaders, Banta hopes to gain the support of other Republican legislators. 

“I just wish people would think about the person and the human being behind whatever it is that they disagree with and try to come to an understanding, and just meet them where they are,” Banta said. “I hate this divisiveness …  I wish we would all try a little harder to understand each other.”

Boone County Republican Party statement

“The Boone County Republican party recognizes that mental health issues are a major concern today, especially among youth and young adults.  Parents are responsible for their minor children, and there is a definitive pattern of legislative attempts to remove parents from critical medical decision-making for their children. Progressive Democrats continue to push an agenda that exacerbates confusion around sexual orientation and prevents appropriate care from being provided to those suffering from gender dysphoria. These decisions should be between children, their parents, and their doctors, or between adults and their doctors. Any attempt to prevent appropriate care, or criminalize people seeking care is abhorrent and abusive. The pre-filed bill 49 would criminalize parents, teachers, spiritual directors, medical professionals, and individuals who seek mental healthcare for themselves or their loved ones.

“The Kentucky KRS 344.010, relating to civil rights, is already comprehensive and appropriate. Discrimination on the basis of one’s gender is already prohibited, and there is no need to add additional language which will open the doors to persecuting parents, faith leaders, and medical professionals.  For millennia, the foundation of a free, civil society is Traditional marriage and the Family.  Bill Requests 45 & 49 attempt to break the structure of our Traditional support systems undermining family, religious leaders, and doctors.  This is a serious mistake that will help usher in a Socialist/Communist support structure that will further erode our American freedoms.  Uninfringed lines of communication between the Family, Religious Leaders, and Doctors are critical to the health and well-being of all Kentucky citizens.  A signature move of Socialists is to present legislation or rules as “helpful” when, in fact, it will end up hurting all of us in the long run.  Solidifying the rights of Parents and allowing professionals to speak freely on behalf of those in need of assistance is a pillar of the Republican Party and a free and Conservative society. We encourage any Republicans supporting this effort to realign with their party.”

Northern Kentucky reporter Rachel Berry can be reached at rberry@enquirer.com. Follow her on Twitter @racheldberry. 

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