I looked up @lgbtmap's resources showing which states have passed bans against #conversiontherapy on the basis of sexual orientation for minors. The states are CA, WA, OR, NV, NM, IL, VT, NH, RI, CT, NJ, DE, and MD + D.C. lgbtmap.org/equality-maps/….
Here are the relevant portions of CA's law: "This bill would prohibit a mental health provider, as defined, from engaging in sexual orientation change efforts, as defined, with a patient under 18 years of age."
“Sexual orientation change efforts” means any practices by mental health providers that seek to change an individual’s sexual orientation.
This includes efforts to change behaviors or gender expressions, or to eliminate or reduce sexual or romantic attractions or feelings toward ***individuals of the same sex.*** (my starring) Check out the full text here: leginfo.legislature.ca.gov/faces/billText…
My question is for all the #bisexual attorneys out there - how do you think a court would interpret CA's anti-conversion therapy law? Would mental health providers who attempt to convince #bisexual minors they are "really gay" be in violation? @herong @NancyCMarcus others?
The 1st sentence, "any practices by mental health providers that seek to change an individual’s sexual orientation" suggests this would be conversion therapy. However, there is a principle of statutory interpretation that says text should not be interpreted to be made irrelevant.
If this principle were applied, my read is that the statute prohibits #conversiontherapy efforts to "convert" #gay minors to be #straight, but may not prohibit therapeutic efforts to convert #bisexual minors to be #gay or "lesbian. There is, however, another important point.
The bill also formally says, "The bill would also declare the intent of the Legislature in this regard." The intent of the legislature, in turn, is Section 1 of the bill. While that is too long to post in its entirety, I'll share a few representative sections:
"(a) Being lesbian, gay, or bisexual is not a disease, disorder, illness, deficiency, or shortcoming. The major professional associations of mental health practitioners and researchers in the United States have recognized this fact for nearly 40 years."
“[T]he [American Psychological Association] advises parents, guardians, young people, and their families to avoid sexual orientation change efforts that portray homosexuality as a mental illness or developmental disorder..."
"(a) Being lesbian, gay, or bisexual is not a disease, disorder, illness, deficiency, or shortcoming. The major professional associations of mental health practitioners and researchers in the United States have recognized this fact for nearly 40 years."
“[T]he [American Psychological Association] advises parents, guardians, young people, and their families to avoid sexual orientation change efforts that portray homosexuality as a mental illness or developmental disorder..."
The point is there are some parts of the bill that name #bisexual people as being negatively affected by #conversiontherapy. There are others that don't name us. Also, nothing in Section 1 that specifically says "therapy" to convince #bisexual people they are #gay is harmful.
*there is nothing in
This analysis should be undertaken for every law banning #conversiontherapy. Efforts by providers to change the sexual orientation of #bisexual people, whether to #gay or to #straight, should be defined as conversion therapy. Trying to change someone's sexuality is always harmful
Also, for many of the same reasons, it is even more unclear if laws banning #conversiontherapy would ban efforts to convert #asexual youth to another sexual orientation. FYI, a common definition of #asexuality is "lack of sexual attraction to others." @AsexualJournal @asexuality
