13 July 2017

The Atlantic: More and More States Are Outlawing Gay-Conversion Therapy

In the U.S., state governments are beginning to outlaw conversion therapy in growing numbers. California became the first to do so in 2012. Eight other states have banned it in some form since. In 2017 alone, Nevada, New Mexico, and Connecticut have signed their own bans into law. And two weeks ago, a long-anticipated bill passed the Rhode Island Senate. [...]

While one can imagine a clear moral argument against this practice, the ruling in the JONAH case stemmed from the simple fact that it does not work. Research supports this point. A decade after the psychiatrist Robert Spitzer published a controversial and refuted study in 2003 of 200 men and women who claimed to have changed their sexual orientation to “predominantly heterosexual” after some form of “reparative therapy,” he apologized, saying there was no way to verify his participants’ responses. [...]

During his presidency, Barack Obama called for an end to “therapies” that aim to change sexual orientation or gender identity, but a bill introduced to ban conversion therapy at the federal level stalled in Congress last year. The 2016 GOP platform drew the ire of activists as well as the Log Cabin Republicans, a gay conservative group, for including “the right of parents to consent to medical treatment for their minor children,” which some both in and outside of the party interpreted as a tacit endorsement of “conversion therapy.” And, according to McCoy, the understanding of conversion therapy as a threat to children has helped marshal Republican support for these bills at a state level. [...]

Still, the laws in many states are limited. Most states that have enacted bans restrict the actions of licensed mental-health practitioners like psychiatrists, psychologists, and social workers, and are focused on minors. These laws don’t affect unlicensed practitioners or adults who seek their services. This will be the case for Rhode Island in the very likely event that the newly passed bill is signed into law. In contrast, New Jersey’s JONAH case declared conversion therapy completely illegal in the state on the basis of consumer fraud. Even an adult who wants to undergo treatment with a life coach, a clergy member, or other provider not subject to the rules of a licensing board can’t do so legally, because of the lack of evidence that conversion therapy works.

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