National
New Calif. law bans ‘gay’ to ‘straight’ therapy for minors
Measure only applies to mental health professionals licensed by state
Gov. Jerry Brown signed into law a bill barring so-called ‘conversion’ therapy for gay teens under 18. (Photo by Phil Konstantin via Wikipedia)
California Gov. Jerry Brown signed into law a first-of-its-kind bill on Sept. 29 prohibiting “reparative” therapy that seeks to change a minor’s sexual orientation from gay to straight.
Bill SB 1172, introduced by State Sen. Ted Lieu (D-Los Angeles County), applies only to mental health professionals licensed or credentialed by the state who seek to perform the therapy on someone below the age of 18.
It exempts unlicensed therapists or counselors, including those associated with religious organizations.
Despite the exemptions, Brown and Lieu called the legislation an important step in protecting juveniles from a practice they describe as unscientific and harmful. The law takes effect Jan. 1, 2013.
“This bill bans non-scientific ‘therapies’ that have driven young people to depression and suicide,” Brown told the San Francisco Chronicle. “These practices have no basis in science or medicine and they will now be relegated to the dustbin of quackery.”
In a statement released Sept. 30, Lieu said, “No one should stand idly by while children are being psychologically abused, and anyone who forces a child to try to change their sexual orientation must understand this is unacceptable,” he said.
The nation’s two largest mental health professional organizations – the American Psychiatric Association and the American Psychological Association – have long opposed reparative therapy on grounds that no credible scientific studies have confirmed that someone’s sexual orientation can be changed. The two groups have also pointed to studies showing that seeking to change a person’s sexual orientation could lead to depression and other harmful side effects. The groups didn’t take an official position on SB 1172.
But more than a dozen state and national mental health associations did endorse the legislation, including the California Psychological Association, the California Association of Marriage and Family Therapists, the American Psychoanalytic Association, and the American Association for Marriage and Family Therapy.
SB 1172 passed in the California Senate and Assembly by comfortable margins in late August along party lines, with no Republicans voting for it.
Opponents, including the Pacific Justice Institute, announced they plan to challenge the law in court, saying it violates First Amendment free-speech rights. The Pacific Justice Institute said the law also would deny parents the right to choose the type of therapy and care for their children.
The National Association for Research and Therapy of Homosexuality (NARTH), which promotes reparative therapy, issued a statement on its website saying if SB 1172 became law, “licensed therapists in California who would otherwise be willing to assist minor clients in modifying their unwanted same-sex attractions and behaviors will be seriously jeopardizing their professional livelihoods.”
LGBT advocacy groups hailed the law as an important breakthrough in their ongoing efforts to oppose reparative therapy.
“Governor Brown today reaffirmed what medical and mental health organizations have made clear,” said Clarissa Filgioun, board president of the statewide LGBT group Equality California. “Efforts to change minors’ sexual orientation are not therapy; they are the relics of prejudice and abuse that have inflicted untold harm on young lesbian, gay, bisexual and transgender Californians.”
Chad Griffin, president of the Human Rights Campaign, pointed to research showing that reparative therapy causes “serious, lasting harm” to LGBT youth.
“It is time to safeguard the most vulnerable among us by ending the abusive practice of subjecting lesbian, gay, bisexual, and transgender youth to damaging attempts to change their sexual orientation or gender expression,” he said.
Some supporters of the bill expressed concern that its sponsors weakened the measure by dropping a provision that would have required reparative therapy patients of any age to sign a consent form acknowledging the therapy’s potential harm and lack of scientific merit.
Another provision dropped from the original version of the bill would have required mental health practitioners to file a report to the state about the reparative therapy they perform. The provision called for the state to keep records on the therapy and issue an annual report about the “risks and limited potential” of the therapy.
“The focus of the bill narrowed to only minors who were succumbing to psychological abuse,” Ray Sotero, a spokesperson for Lieu, told the Blade.
“Additionally, for fiscal purposes, we removed the reporting requirement and focused instead on a ban for children and adolescents as a first, much-needed step,” Sotero said.
A similar bill calling for banning reparative therapy for minors is pending in the New Jersey Legislature.
Brown signed the California measure less than a week after close to 50,000 people signed a petition organized by HRC urging him to sign it. HRC spokesperson Fred Sainz and Equality California spokesperson Stephan Roth said supported the bill all along.
“By way of our petition, we wanted to make sure that he knew that this issue was a tremendously important one to our community and most especially LGBT you,” Sainz said.
New York psychiatrist Jack Drescher, who’s gay and is a former chair of the American Psychiatric Association’s Committee on LGBT Issues, said he has mixed views on the possible impact of laws to ban reparative or “conversion” therapy.
“Most of the people doing conversion therapies are unlicensed, so the bills in California and New Jersey would not affect them as they only concern state-licensed professionals,” Drescher told the Blade.
He said such laws are subject to court challenge, and anti-gay groups supporting reparative therapy could claim a victory if a court overturns a law banning the practice on constitutional grounds.
“On the other hand, in the event the law does pass constitutional muster, it would undoubtedly cast a chilling effect on some unlicensed professionals and perhaps even create a basis to support civil lawsuits against unlicensed practitioners,” he said.
The Comings & Goings column is about sharing the professional successes of our community. We want to recognize those landing new jobs, new clients for their business, joining boards of organizations and other achievements. Please share your successes with us at [email protected].
Congratulations to Gil Pontes III on his recent appointment to the Financial Advisory Board for the City of Wilton Manors, Fla. Upon being appointed he said, “I’m honored to join the Financial Advisory Board for the City of Wilton Manors at such an important moment for our community. In my role as Executive Director of the NextGen Chamber of Commerce, I spend much of my time focused on economic growth, fiscal sustainability, and the long-term competitiveness of emerging business leaders. I look forward to bringing that perspective to Wilton Manors — helping ensure responsible stewardship of public resources while supporting a vibrant, inclusive local economy.”
Pontes is a nonprofit executive with years of development, operations, budget, management, and strategic planning experience in 501(c)(3), 501(c)(4), and political organizations. Pontes is currently executive director of NextGen, Chamber of Commerce. NextGen Chamber’s mission is to “empower emerging business leaders by generating insights, encouraging engagement, and nurturing leadership development to shape the future economy.” Prior to that he served as managing director of The Nora Project, and director of development also at The Nora Project. He has held a number of other positions including Major Gifts Officer, Thundermist Health Center, and has worked in both real estate and banking including as Business Solutions Adviser, Ironwood Financial. For three years he was a Selectman, Town of Berkley, Mass. In that role, he managed HR and general governance for town government. There were 200+ staff and 6,500 constituents. He balanced a $20,000,000 budget annually, established an Economic Development Committee, and hired the first town administrator.
Pontes earned his bachelor’s degree in political science from the University of Massachusetts, Dartmouth.
Kansas
ACLU sues Kansas over law invalidating trans residents’ IDs
A new Kansas bill requires transgender residents to have their driver’s licenses reflect their sex assigned at birth, invalidating current licenses.
Transgender people across Kansas received letters in the mail on Wednesday demanding the immediate surrender of their driver’s licenses following passage of one of the harshest transgender bathroom bans in the nation. Now the American Civil Liberties Union is filing a lawsuit to block the ban and protect transgender residents from what advocates describe as “sweeping” and “punitive” consequences.
Independent journalist Erin Reed broke the story Wednesday after lawmakers approved House Substitute for Senate Bill 244. In her reporting, Reed included a photo of the letter sent to transgender Kansans, requiring them to obtain a driver’s license that reflects their sex assigned at birth rather than the gender with which they identify.
According to the reporting, transgender Kansans must surrender their driver’s licenses and that their current credentials — regardless of expiration date — will be considered invalid upon the law’s publication. The move effectively nullifies previously issued identification documents, creating immediate uncertainty for those impacted.
House Substitute for Senate Bill 244 also stipulates that any transgender person caught driving without a valid license could face a class B misdemeanor, punishable by up to six months in jail and a $1,000 fine. That potential penalty adds a criminal dimension to what began as an administrative action. It also compounds the legal risks for transgender Kansans, as the state already requires county jails to house inmates according to sex assigned at birth — a policy that advocates say can place transgender detainees at heightened risk.
Beyond identification issues, SB 244 not only bans transgender people from using restrooms that match their gender identity in government buildings — including libraries, courthouses, state parks, hospitals, and interstate rest stops — with the possibility for criminal penalties, but also allows for what critics have described as a “bathroom bounty hunter” provision. The measure permits anyone who encounters a transgender person in a restroom — including potentially in private businesses — to sue them for large sums of money, dramatically expanding the scope of enforcement beyond government authorities.
The lawsuit challenging SB 244 was filed today in the District Court of Douglas County on behalf of anonymous plaintiffs Daniel Doe and Matthew Moe by the American Civil Liberties Union, the ACLU of Kansas, and Ballard Spahr LLP. The complaint argues that SB 244 violates the Kansas Constitution’s protections for personal autonomy, privacy, equality under the law, due process, and freedom of speech.
Additionally, the American Civil Liberties Union filed a temporary restraining order on behalf of the anonymous plaintiffs, arguing that the order — followed by a temporary injunction — is necessary to prevent the “irreparable harm” that would result from SB 244.
State Rep. Abi Boatman, a Wichita Democrat and the only transgender member of the Kansas Legislature, told the Kansas City Star on Wednesday that “persecution is the point.”
“This legislation is a direct attack on the dignity and humanity of transgender Kansans,” said Monica Bennett, legal director of the ACLU of Kansas. “It undermines our state’s strong constitutional protections against government overreach and persecution.”
“SB 244 is a cruel and craven threat to public safety all in the name of fostering fear, division, and paranoia,” said Harper Seldin, senior staff attorney for the ACLU’s LGBTQ & HIV Rights Project. “The invalidation of state-issued IDs threatens to out transgender people against their will every time they apply for a job, rent an apartment, or interact with police. Taken as a whole, SB 244 is a transparent attempt to deny transgender people autonomy over their own identities and push them out of public life altogether.”
“SB 244 presents a state-sanctioned attack on transgender people aimed at silencing, dehumanizing, and alienating Kansans whose gender identity does not conform to the state legislature’s preferences,” said Heather St. Clair, a Ballard Spahr litigator working on the case. “Ballard Spahr is committed to standing with the ACLU and the plaintiffs in fighting on behalf of transgender Kansans for a remedy against the injustices presented by SB 244, and is dedicated to protecting the constitutional rights jeopardized by this new law.”
National
After layoffs at Advocate, parent company acquires ‘Them’ from Conde Nast
Top editorial staff let go last week
Former staff members at the Advocate and Out magazines revealed that parent company Equalpride laid off a number of employees late last week.
Those let go included Advocate editor-in-chief Alex Cooper, Pride.com editor-in-chief Rachel Shatto, brand partnerships manager Erin Manley, community editor Marie-Adélina de la Ferriére, and Out magazine staff writers Moises Mendez and Bernardo Sim, according to a report in Hollywood Reporter.
Cooper, who joined the company in 2021, posted to social media that, “Few people have had the privilege of leading this legendary LGBTQ+ news outlet, and I’m deeply honored to have been one of them. To my team: thank you for the last four years. You’ve been the best. For those also affected today, please let me know how I can support you.”
The Advocate’s PR firm when reached by the Blade said it no longer represents the company. Emails to the Advocate went unanswered.
Equalpride on Friday announced it acquired “Them,” a digital LGBTQ outlet founded in 2017 by Conde Nast.
“Equalpride exists to elevate, celebrate and protect LGBTQ+ storytelling at scale,” Equalpride CEO Mark Berryhill said according to Hollywood Reporter. “By combining the strengths of our brands with this respected digital platform, we’re creating a unified ecosystem that delivers even more impact for our audiences, advertisers, and community partners.”
It’s not clear if “Them” staff would take over editorial responsibilities for the Advocate and Out.
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