Scott Sears
REPARATAIVE THERAPY: THE TRUTH HURTS
THE LEGISLATION
By: Scott Sears
Introduction
The following is an excerpt from a testimonial of someone who was a practicing
homosexual and, through reparative therapy, is now happily married to a woman with which he
is trying to have children:1
I was having a meal with my Dad and Uncle that truly upset me. An obviously
gay-identified man worked at the place where we were eating and he caught my Dad's
attention. Dad commented that if any of his kids choose to live like the guy who was
working there, that child would never be welcomed in his house ever again. At that
point, I could not contain myself and blurted out not only my homosexual feelings but
also the history of molestation that occurred in his household. He became very angry
with me and was especially mad that I did not tell him about what was done to me by the
other boys in the family. He said I could choose to not identify as gay. Not feeling
supported by him nor my uncle, and feeling like an outsider who had failed my Church
mission, I moved from New Mexico to Texas. I wanted a fresh start and desired to get
away from everyone.
[I thought that I would always have homosexual feelings. ] But I was wrong. G-d
put someone in my life---my roommate in Austin---who saw my pain, understood my
1
Stailey, Jedekiah "Jeddy," Becoming the Real Me. Received in an email on October 15, 2013 from
Arthur Miller, Director of JONAH.
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fears, and was a sensitive heterosexual person. He suggested that I needed help and
suggested that I see some mental health professionals.
The first professional I saw was a psychiatrist. His primary role was providing
me with appropriate medications to get my mental state more balanced. My psychiatrist
did not engage in a lot of counseling about my sexual identity. Rather, he spoke to me
about trying to find peace within myself. I was able to realize that to become one with
myself, I had to be myself. In various experiential weekends that I had attended, I was
able to absorb this teaching. On one of them that I attended, an exercise involved having
the participants experience nudity in each other's presence. I was terrified. Before doing
that exercise, I would not even want to be seen without my shirt on. But once I accepted
myself and found that everyone else accepted me, it was a powerful "aha" moment: I was
free.
I also needed to work on my false identify as "gay. " I knew I did not want to be
that way but had been led to believe by societal messages that nothing could be done
about it and that my homosexual feelings were simply not changeable. This belief
system led me to contemplate suicide and death.
A therapist in Texas that is part of a network of counselors often recommended by
JONAH (Bobby Morgan) worked with me for six months during this past year. Through
a modality of therapy called Eye Movement, Desensitization and Reprocessing (EMDR),
Bobby enabled me to overcome traumatic events from my past. By putting me into a rem
sleep cycle, he enable me to reframe my interpretation of many painful events. Through
that process, I was able to reframe, for example, my interpretations of the time when my
mother almost killed us, to the times my step brother molested me, and to inform my
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deceased grandmother about my [homosexual attractions] while also saying good bye to
her.
The work I did with these several mental health professionals enabled me to
achieve a life-long dream of normality. After beginning the process of healing the
myriad number of wounds I had, I began dating the woman who would become my wife.
Early in our relationship (perhaps it was too soon), I informed her about my [homosexual
attraction] issues. She was distressed over my admissions and broke up with me. But a
few months later, she approached me and suggested we start dating again. As we became
emotionally closer and more authentic with each other, we saw how well suited we were
for each other. We married the next year. We are currently trying to have children, an
achievement which has always been my greatest hope in life, that is, to be a Dad.
I have been liberated by going public over the last year and half about my issues;
however, I feel betrayed by some members of the gay community who have brought a
vicious lawsuit against my friends at JONAH and some of the counselors within their
network. If the plaintiffs succeed, the healing that I have achieved will not be available
to others who faced similar traumas in their lives and were then falsely led to believe that
homosexuality was the answer. It is not. I have not "acted out" in about 10 years.
On August 19, 2013, New Jersey Governor Chris Christie signed into law A3371, which
prevents any licensed therapist, psychologist, social worker or counselors related to these
professions from using sexual orientation change efforts with children under age eighteen. 2
Christie explained his reasoning for signing the bill: “I believe that exposing children to these
Susan K. Livio, Gay rights advocates hopeful after Christie signs bill banning conversion therapy.
http://www. nj. com/politics/index.
ssf/2013/08/christie_signs_bill_banning_licensed_therapists_from_using_gay-tostraight_conversion_therapy_on_kid. html (last visited 1/9/14).
2
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health risks without clear evidence of benefits that outweigh these serious risks is not
appropriate. ” 3
This note will argue that, contrary to the New Jersey legislature’s belief that parents
sending their children to participate in reparative therapy is a form of child abuse, parents not
sending their kids for reparative therapy could be viewed as child abuse. As such, the laws
prohibiting reparative therapy being performed by licensed therapists on minors in New Jersey
should be repealed.
Part I will describe the background of reparative therapy to clarify exactly what
reparative therapy is and what it aims to accomplish. Part II defines child abuse, which also
serves to provide context for the argument being presented. Part III sets out the New Jersey
legislative findings on reparative therapy and what information the legislature relied to form the
basis for this bill. Part IV explores the flaws in the legislative findings, analyzing different
sources used in their findings and casting doubt on their reliability. Part V describes the harms
of not allowing a child to go for reparative therapy, namely the risks associated with living as a
homosexual. Part VI concludes with my suggestion on how to remedy the situation, namely by
repealing it.
I. Background to Reparative Therapy
The occurrence of homosexuality has been attributed to a variety of causes. The main
view of homosexual attraction and orientation that seems to be most widely accepted today is the
3
http://blogs. lawyers. com/2013/08/new-jersey-bans-gay-conversion/ visited 9/8/13
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“interaction theory” endorsed by Byne and Parsons4, as well as many others, that there may be a
genetic predisposition to homosexuality, but there must be environmental factors involved as
well. 5 Even those that promote the idea that homosexuality is related to one’s genetic makeup
will agree that environmental factors are necessary to determine one’s sexual orientation, and
“we will [n]ever predict who will be gay. ”6 These environmental factors seem to make a
difference even at an early age, as adolescents are recognizing their sexuality at very early ages.
Studies indicate the age of awareness of one’s homosexuality has been steadily declining since
the 1960s. 7 The average age adolescents are now recognizing homosexuality is between nine
and ten years old for males and ten and twelve for females. 8 Homosexual are also having sex
earlier. In general, homosexual male adolescents first have sex with a same sex partner shortly at
around fourteen, and lesbians first have sex around the age of fifteen. 9 This is compared to the
average age of adolescents first having sex, which is seventeen. 10
There are a few psychological theories that have been proposed to account for the
environmental factors involved. The psychoanalytic model, derived from Freud's theories of
innate bisexuality and sexual object choice, focuses on the presumed unsuccessful resolution of
the Oedipal conflict, resulting in the development of an inappropriate masculine or feminine
Lynn D. Wardle, The Biological Causes and Consequences of Homosexual Behavior and Their
Relevance for Family Law Policies, 56 DePaul L. Rev. 997, 1022 (2007) (citing [William Byne & Bruce
Parsons, Human Sexual Orientation: The Biologic Theories Reappraised, 50 Archives Gen. Psychiatry 228
(1993). ])
5
Id.
6
Lynn D. Wardle, The Biological Causes and Consequences of Homosexual Behavior and Their
Relevance for Family Law Policies, 56 DePaul L. Rev. 997, 1021 (2007) (citing [Id. (alteration in original)
(quoting N. Mitchell, Genetics, Sexuality Linked, Study Says, Standard Examiner (Utah), Apr. 30, 1995)]).
7
Sarah E. Valentine, Traditional Advocacy for Nontraditional Youth: Rethinking Best Interest for the
Queer Child, 2008 Mich. St. L. Rev. 1053, 1073-74 (2008) (citing [Ritch C. Savin-Williams, THE NEW
GAY TEENAGER 120-21 (2005). ]).
8
Id. (citing [Caitlin Ryan, Lesbian, Gay, Bisexual, and Transgender Youth: Health Concerns, Services,
and Care, 20 CLINICAL RES. & REG. AFF. 137, 141 (2003); Savin-Williams, supra note 121. ]).
9
Id. (citing [Savin-Williams, supra note 120, at 139. ]).
10
http://wayback. archive. org/web/20061120093911/http://www. newstrategist. com/productdetails/Sex.
SamplePgs. pdf (last visited 1/16/14)
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gender identity and sexual choice. 11 The prenatal hormone theory hypothesizes that differing
levels of prenatal hormones predispose individuals to diverse sexual inclinations. 12 Finally, the
neuroanatomic model suggests that homosexuality is a function of phenomena at the molecular
level of synaptic and neuronal organization of the brain. 13 While scientific evidence can be
marshaled to support both the argument that sexual orientation is a result of nature and the
argument that sexual orientation is a result of nurture,14 reparative therapy proponents make the
claim that sexual attraction is a product of nurture and is therefore changeable. 15
The present techniques used in reparative therapy have changed dramatically from what
they were originally. The earliest forms of reparative therapy included injecting patients with
substances, such as testosterone, estrogen, animal organ extracts, and cocaine, performing
Sana Loue, J. D. , Ph. D. , M. P. H. , Redefining the Emotional and Psychological Abuse and
Maltreatment of Children Legal Implications, 26 J. Legal Med. 311, 324-25 (2005) (citing [For discussions
of these models, see Robert P. Cabaj, Gay, Lesbian, and Bisexual Mental Health Professionals and Their
Colleagues, in TEXTBOOK, supra note 78, at 33; Judith M. Glassgold & Suzanne Iasenza, Introduction, in
LESBIANS AND PSYCHOANALYSIS: REVOLUTIONS IN THEORY AND PRACTICE xxiii-xxx (Judith
M. Glassgold & Suzanne Iasenza eds. , 1995); NOREEN O'CONNOR & JOANNA RYAN, WILD DESIRES
& MISTAKEN IDENTITIES: LESBIANISM & PSYCHOANALYSIS (1993). For discussions of
psychoanalytic reformulations of same-sex orientations, see Raphella Sohier, Homosexual Mutuality:
Variation on a Theme by Erik Erikson, 12 J. HOMOSEXUALITY 25 (Winter 1985/86); Richard A. Isay,
Fathers and Their Homosexually Inclined Sons in Childhood, 42 PSYCHOAN. STUDY OF CHILD 275, 27576 (1987); RICHARD A. ISAY, BEING HOMOSEXUAL: GAY MEN AND THEIR DEVELOPMENTTTT
3-10 (1989). ])
12
Id. (citing [Charles Silverstein, History of Treatment, in TEXTBOOK, supra note 78, at 3, 10. ])
13
Id. (citing [William Byne, Biology and Homosexuality: Implications of Neuroendocrinological and
Neuroanatomical Studies, in TEXTBOOK, supra note 78, at 137-40.
14
Sean Young, Does "Reparative" Therapy Really Constitute Child Abuse?: A Closer Look, 6 "Yale J.
Health Pol'y, L. & Ethics" 163, 186 (2006) (citing [Hicks, supra note 5, at 511-13 (reviewing scientific data);
see also A. Dean Byrd, Nat'l Ass'n for Research & Therapy, The Innate-Immutable Argument Finds No Basis
in Science, http://www. narth. com/docs/innate. html (last visited Apr. 1, 2005) (“[A]lthough the issue is
enormously complex and simply cannot be reduced to a matter of nature vs. nature [sic]--the answer to that
debate is probably ‘yes'--it is likely that homosexual attraction, like many other strong attractions, includes
both biological and environmental influences. ”); Cohan, supra note 12, at 73 (“The question over whether gay,
lesbian, bisexual, and transgender people are born into their sexual orientation remains inconclusive. I believe
that sexual orientation is at least partially determined genetically. ”).
15
Id. (citing [See, e. g. , Traditional Values Coalition, Sexual Orientation: Fixed or Changeable?,
http://traditionalvalues. org/urban/seven. php (last visited Apr. 1, 2005). A. Dean Byrd & Stony Olsen,
Homosexuality: Innate and Immutable?, 14 Regent U. L. Rev. 383 (2001-2002), is a good example of a
recent attempt by reparative therapy proponents to try to focus the debate on nature versus nurture. ])
11
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‘castration, hysterectomy, and vasectomy,’ and surgically removing the ovaries and clitoris. 16
Kenji Yoshino explains that reparative therapy today is primarily focused on psychotherapy. He
notes that “[e]ven mental health professionals who currently advocate psychoanalytic therapy for
homosexuals deride such physical interventions as ‘quackeries,”’ and that “[v]irtually every
sexual orientation therapy ever formulated has typically passed into history along with its
originators, . . . [but that] [p]sychoanalysis has proved one exception to this rule of
obsolescence. ”17 In 1996, commentators noted that reparative therapy was most often
“conducted through ‘conventional’ therapy, i.e., psychotherapy. ”18 David Cruz notes that “[t]he
psychic, primarily verbal conversion techniques in current circulation avoid the appearance of
outright torture that marked many past practices.”19
A. Success Rates of Reparative Therapy
There is copious evidence demonstrating the low success rate of reparative therapy, 20 and
evidence of “success” is often discredited, legitimately or not, by claiming that “‘success' stories
are really stories of bisexuals who are responding to heteroerotic inclinations that were already
present.”21 Based on such belief, an argument has been put forth in Ferguson et al. v. JONAH et
Young, supra note 7, at 167-9 (citing [Gans, supra note 18, at 223 (quoting Jonathan N. Katz, Gay
American History: Lesbians and Gay Men in the U. S. A. 130 (ed. rev. 1992)). ])
17
Id. (citing [Kenji Yoshino, Covering, 111 Yale L. J. 769, 789 (2002) (quoting Timothy F. Murphy,
Gay Science: The Ethics of Sexual Orientation Research 82-83 (1997)). ])
18
Id. (citing [Gans, supra note 18, at 221 n. 12 (citing Lili Wright, The Straight Truth: No One Knows if
Gays Can Change, Salt Lake Trib. , May 12, 1996, at A1). ])
19
Id. (citing [Id. at 1309-10. ])
20
Id. at 192-193 (citing [Hicks, supra note 5, at 518 nn. 59-60 (citing studies indicating three percent
success rate and ten percent success rate). Hicks also suggests that the leaders of the reparative therapy
movement are predominantly heterosexual. Id. ; see also Cruz, supra note 19, at 1378-81 (citing evidence of
failures)]).
21
Id. (citing [Mark A. Yarhouse & Warren Throckmorton, Ethical Issues in Attempts To Ban
Reorientation Therapies, 39 Psychotherapy: Theory/Res. /Prac. /Training 66, 69 (2002))].
16
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al., an ongoing case in New Jersey by people that went through reparative therapy treatment with
JONAH, that correlates conversion therapy to fraud on the basis that providers of reparative
therapy are falsely promising to cure sexual orientation.22 They claim the promise to help them
was false because there is no scientific support for that result.23
Proponents of reparative therapy, in response, base their argument on concepts such as
the flexible nature of sexual orientation or the possibility of change. Clinicians and researchers
typically define “successful” treatment as an intentional shift in sexual desire from
homosexuality toward heterosexuality, either through self-reporting or through measurements
such as the seven-point Kinsey scale.24
To further research the effectiveness of reparative therapy, a survey was conducted where
422 psychiatrists were asked to state whether they had successfully treated homosexuals. They
were also asked to agree or disagree with the following statement: “A homosexual patient in
psychoanalysis for whatever reason can and should be changed to heterosexuality.” Of the 285
responses, which concerned 1,215 homosexuals, the survey stated that twenty three percent of
patients that were originally homosexual had changed to living their lives as heterosexuals. An
Nancy A. Del Pizzo, If it Ain’t Broke Don’t Fix It: Condemning Promises to ‘Straighten’ Homosexuals
for a Fee, New Jersey Lawyer, the Magazine. 282-JUN N.J. Law. 13, 14 (2013). Such argument was also
addressed in a recent New York Times Article by Jacob M. Victor, “Ending ‘Gay Conversion’ for Good”
http://mobile.nytimes.com/2014/02/13/opinion/ending-gay-conversion-for-good.html?from=opinion (last
visited February 18, 2014).
23
Id.
24
NARTH p9. The 7 points on the Kinsey scale are: 0 Exclusively heterosexual; 1 Predominantly
heterosexual, only incidentally homosexual; 2 Predominantly heterosexual, but more than incidentally
homosexual; 3 Equally heterosexual and homosexual; 4 Predominantly homosexual, but more than
incidentally heterosexual; 5 Predominantly homosexual, only incidentally heterosexual; 6 Exclusively
homosexual. Four levels of success, as defined by Karl, are 1. Increased sexual feelings and behaviors toward
the opposite gender; 2. Decreased sexual feelings and behaviors toward the same gender; 3. A stronger
heterosexual identity; 4. Improvement in psychological well-being.
22
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additional eighty four percent benefited significantly by reducing their attraction to other
members of their same gender, along with a concurrent decrease in homosexual activity. 25
II. Defining Child Abuse
Emotional abuse of children has been variously defined as: “persistent emotional illtreatment of a child such as to cause severe and persistent adverse effects on the child's
emotional development;”26 “damage to the child's psychological development and emerging
personal identity, primarily caused by parents' or primary caretakers' ignorance, immaturity,
defended lifestyle, and conscious or unconscious aggression toward the child;”27 “hostility,
persistent coldness or rejection which impairs . . . the child's normal physical and/or emotional
development or leads to behavioral disturbances;”28 “the severe adverse effect on the behaviour
and emotional development of a child caused by persistent or severe emotional ill-treatment or
rejection. All abuse involves some form of emotional ill-treatment or rejection; this category
should be used where it is the main or sole form of abuse;”29 and “the sustained, repetitive,
inappropriate emotional response to the child's experience of emotion and its accompanying
Dean Byrd & Stanley Olsen, Homosexuality: Innate and Immutable?, 14 Regent U. L. Rev. 383, 406
(2002) (citing [H. MacIntosh, Attitudes and Experiences of Psychoanalysts in Analyzing Homosexual Patients,
42 J. AMER. PSYCHIATRIC Assoc. 1183 (1995)]).
26
Sana Loue, J. D. , Ph. D. , M. P. H. , Redefining the Emotional and Psychological Abuse and
Maltreatment of Children Legal Implications, 26 J. Legal Med. 311, 313-14 (2005) [citing (DEPART. OF
HEALTH ET AL. , WORKING TOGETHER TO SAFEGUARD CHILDREN 5-6 (Lon. 1999), at www. dh.
gov. uk/
assethoot/04/07/58/24/04075824. pdf. )
27
Id. [citing (PsychAlive!, Glossary, Emotional Child Abuse, http:// www. psychalive. com/index.
php/fuseaction/resource. glossary/glossary. html
(last visited Apr. 6, 2005). )].
28
Id. [citing (STEERING COMM. FOR REV. COMMONWEALTH/ST. SERV. PROVISION,
AUSTL. , EFFICIENCY MEASURES FOR CHILD PROTECTION AND SUPPORT PATHWAYS:
REFORMS IN GOVERNMENT SERVICE PROVISION 23 (Vict. 2003), at http://www. pc. gov.
au/gsp/reports/reforms/emcpsp/emcpsp. pdf (last visited Apr. 6, 2005). )].
29
Id. [citing (SUSAN J. CREIGHTON, Introduction to CHILD ABUSE TRENDS IN ENGLAND AND
WALES, 1988-1990: AN OVERVIEW FROM 1973-1990 7 (1992). )].
25
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expressive behavior. Emotional abuse repeatedly inflicts emotional pain upon the child (e. g.
fear, humiliation, distress, despair, etc. ). ”30
The definition of child abuse varies by state statute, but the Child Abuse Prevention and
Treatment Act conditions federal funding on state adoption of the Child Abuse Prevention and
Treatment Act’s standard. 31 The Child Abuse Prevention and Treatment Act defines child abuse
as “the physical or mental injury, sexual abuse or exploitation, negligent treatment, or
maltreatment of a child under the age of eighteen, or the age specified by the child protection law
of the State, by a person including any employee of a residential facility or any staff person
providing out of home care who is responsible for the child's welfare under circumstances
indicating harm or threatened harm to the child's health or welfare. The term encompasses both
acts and omissions on the part of a responsible person. ”32
In New Jersey, cruelty to a child consists of any of the following acts: (a) inflicting
unnecessarily severe corporal punishment upon a child; (b) inflicting upon a child unnecessary
suffering or pain, either mental or physical; (c) habitually tormenting, vexing or afflicting a
child; (d) any willful act of omission or commission whereby unnecessary pain and suffering,
whether mental or physical, is caused or permitted to be inflicted on a child; (e) or exposing a
child to unnecessary hardship, fatigue or mental or physical strains that may tend to injure the
health or physical or moral well-being of such child. ”33 Whether the guardian intended to harm
the child or not is irrelevant. 34
Id. [citing (Kieran P. O'Hagan, Emotional and Psychological Abuse: Problems of Definition, 19
CHILD ABUSE & NEGLECT 449, 456 (1995) (emphasis omitted). )].
31
45 C. F. R. § 1340. 14 (West)
32
45 C. F. R. § 1340. 2 (West)
33
N. J. Stat. Ann. § 9:6-1 (West).
34
G. S. v. Dep't of Human Servs. , Div. of Youth & Family Servs. , 157 N. J. 161, 176, 723 A. 2d 612,
619 (1999).
30
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III New Jersey Legislative findings on counseling to change sexual orientation
Before the prohibition on performing reparative therapy on minors was passed, a public
hearing was held. 35 Brielle Goldani, a transgendered woman from Toms River, New Jersey,
stated that she was tortured at an Ohio-based conversion therapy camp in 1997. “There were 12
boys, and 12 girls. The first Sunday I was there, I was forced to sit in their church service, which
was nothing but hate speech. Then, on Monday, the heavier therapy began. We were forced to
masturbate to heterosexual images and soft-core pornography, such as Sport Illustrated swimsuit
models. Twice a week, my hands were hooked up to electrodes for two hours at a time while we
were shown positive images such as a nuclear family, a female with children, a male
construction worker and a female receptionist. I was also subjected to forced IV injections twice
a week for two hours each while being made to watch negative images of what they didn’t
approve of. … The injections made me vomit uncontrollably. Every Friday and Saturday
evening, we were forced to go on ‘flirting dates’ where a camp counselor coached us on how to
talk to the opposite sex romantically. … We were also given uniforms to wear, black pants and
white shirts for boys, black skirts and white blouses for girls.”36
On August 19, 2013, New Jersey put into effect § 45:1-55: Prohibition upon imposing
sexual orientation change efforts upon a person under eighteen years of age:
“a. A person who is licensed to provide professional counseling under Title 45 of the
Revised Statutes, including, but not limited to, a psychiatrist, licensed practicing
psychologist, certified social worker, licensed clinical social worker, licensed social
Christopher Doyle, Transgendered 'Woman' Lies About Therapy 'Torture', WMD (March 21, 2013),
http://www. wnd. com/2013/03/transgendered-woman-lies-about-therapy-torture/. The hearing was held
March 1, 2013.
36
Id. A partial video of the testimony can be found at http://www. mycentraljersey.
com/VideoNetwork/2235701100001/Goldani-Describes-Conversion-Therapy-?nclick_check=1.
35
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worker, licensed marriage and family therapist, certified psychoanalyst, or a person who
performs counseling as part of the person's professional training for any of these
professions, shall not engage in sexual orientation change efforts with a person under 18
years of age. ”37
§ 45:1-54, Legislative findings and declarations; impact of counseling to change sexual
orientation, explains that the reasoning behind § 45:1-55 is based on psychological reports and
findings by a Task Force on Appropriate Therapeutic Responses to Sexual Orientation convened
by the American Psychological Association38. The Task Force on Appropriate Therapeutic
Responses to Sexual Orientation conducted a systematic review of peer-reviewed journal
literature on sexual orientation change efforts. The Task Force on Appropriate Therapeutic
Responses to Sexual Orientation concluded that sexual orientation change efforts can pose
critical health risks to lesbian, gay, and bisexual people, including confusion, depression, guilt,
helplessness, hopelessness, shame, social withdrawal, suicidality, substance abuse, stress,
disappointment, self-blame, decreased self-esteem and authenticity to others, increased selfhatred, hostility and blame toward parents, feelings of anger and betrayal, loss of friends and
potential romantic partners, problems in sexual and emotional intimacy, sexual dysfunction,
high-risk sexual behaviors, a feeling of being dehumanized and untrue to self, a loss of faith, and
a sense of having wasted time and resources39. The Task Force on Appropriate Therapeutic
Responses to Sexual Orientation explains that these risks may be caused by therapists reinforcing
self-hatred already experienced by the patient40. Many patients who have undergone reparative
therapy relate that they were inaccurately told that homosexuals are lonely, unhappy individuals
37
NJ ST 45:1-55
Id. at b.
39
Id.
40
Id. at d(2).
38
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who never achieve acceptance or satisfaction41. The possibility that the person might achieve
happiness and satisfying interpersonal relationships as a gay man or lesbian is not presented, nor
are alternative approaches to dealing with the effects of societal stigmatization discussed42. The
American Psychological Association therefore recommended that ethical practitioners refrain
from attempts to change individuals' sexual orientation43.
IV Flaws in the New Jersey Legislature’s findings.
While Brielle Goldani’s testimony of the reparative therapy she went through is sickening
to hear, it does not seem that she was testifying truthfully. Christopher Doyle 44 was at the
hearing and did some investigation into the details of her story. In a phone interview with
Reverend John Wooton,45 Doyle was told that no such program ever existed in their churches in
Ohio. The Ohio secretary of state and attorney general both denied the existence of the camp
“True Directions,” the camp to which Goldani claims to have forcibly attended. Doyle found
that this camp did exist, but only in a movie. 46 Also, Dr. Elton Moose, a licensed counselor who
has been working in Springfield, Ohio for twenty-four years, said in a written statement to Doyle
that he has never heard of such a camp, and that while he has heard accusations that this type of
shock-therapy exists, he does not know of any practice that uses such therapy. Goldani also said
Id.
Id.
43
Id. at d(1).
44
Supra note 28. Christopher Doyle, M. A. , is the director of the International Healing Foundation and
founder of Voice of the Voiceless, which defends the rights of clients with unwanted SSA, former
homosexuals and their families.
45
Id. Rev. Wooton is the superintendent of the Ohio Council of Assembly of God Churches.
46
But I'm a Cheerleader is a 1999 satirical romantic comedy film directed by Jamie Babbit and written by
Brian Wayne Peterson. Natasha Lyonne stars as an apparently happy heterosexual high school cheerleader.
However, her friends and family are convinced that she is a homosexual and arrange an intervention, sending
her to a residential inpatient conversion therapy camp to cure her lesbianism.
41
42
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that her church paid for her to attend this camp. The church’s current Pastor, Lou LaFauzia, said
that “[i]t’s outlandish!” to imagine such a thing ever happening at his church. 47 Though it is
impossible to know exactly how much influence Goldani’s testimony had when considering if
the bill should be signed into law, it was likely at least relied on in part. This calls into question
the basis for Christie signing the bill.
With regards to the American Psychological Association findings relied upon by the New
Jersey legislature, Dr. Christopher Rosik, in his declaration filed in the United States District
Court in New Jersey in support of the Plaintiff in the pending case of King v. Christie, explains
how the methodology used by the American Psychological Association Task Force on
Appropriate Therapeutic Responses to Sexual Orientation in conducting their study and coming
to their conclusion was biased and meritless. 48 One place of particular bias is how rigorously the
task force analyzed findings pertaining to sexual orientation change efforts outcomes49 in relation
to their very lax standards when it comes to findings of harm of sexual orientation change
efforts.50 The studies used analyzed by the task force are outdated on the methodology of sexual
orientation change efforts and includes critiques of methods no longer in use today. 51
The American Psychological Association report itself acknowledges that there is no
scientific knowledge about the help or harm of sexual orientation change efforts. 52 “Thus, we
47
Supra note 28.
Motion for T. R. O. Case 3:13-cv-05038-FLW-LHG Document 3-4 Filed 08/23/13.
49
Id. at 3, referring to Jones, S. L. , Rosik, C. H. , Williams, R. N. & Byrd, A. D. (2010). A Scientific,
Conceptual, and Ethical Critique of the Report of the APA Task Force on Sexual Orientation. The General
Psychologist, 45(2), 7-18. Retrieved May 31, 2011, from http://www. apa.
org/divisions/div1/news/fall2010/Fall%202010%20TGP. pdf.
50
Id.
51
Id.
52
Id. at 4.
48
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cannot conclude how likely it is that harm will occur from sexual orientation change efforts.”53
“Given the limited amount of methodologically sound research, we cannot draw a conclusion
regarding whether recent forms of sexual orientation change efforts are or are not effective.”54
“There are no scientifically rigorous studies of recent sexual orientation change efforts that
would enable us to make a definitive statement about whether recent sexual orientation change
efforts is safe or harmful and for whom.”55 Based on these statements by the Task Force on
Appropriate Therapeutic Responses to Sexual Orientation, any conclusion one way or the other
about the harm or help based on the Task Force on Appropriate Therapeutic Responses to Sexual
Orientation’s study should not be possible, yet the American Psychological Association still
concluded that reparative therapy is dangerous. This seriously calls into question the bias of the
American Psychological Association.
Dr. Rosik also points to flaws in the studies relied upon by the task force in conducting
their research:56
·
Over fifty percent of the 2,020 participants were recruited through the GLB media,
meaning the sample cannot be considered random or generalized. 57
·
Only twenty of the participants were women, hence the studies were basically only
considering male accounts. 58
Id. [citing (American Psychological Association. (2009). Report of the APA Task Force on
Appropriate Therapeutic Responses to Sexual Orientation. Retrieved from http://www. apa.
org/pi/lgbt/resources/therapeuticresponse. pdf. ), page 42].
54
Id. [citing (American Psychological Association. (2009). Report of the APA Task Force on
Appropriate Therapeutic Responses to Sexual Orientation. Retrieved from http://www. apa.
org/pi/lgbt/resources/therapeuticresponse. pdf. ), page 43].
55
Id. [citing American Psychological Association. (2009). Report of the APA Task Force on Appropriate
Therapeutic Responses to Sexual Orientation. Retrieved from http://www. apa.
org/pi/lgbt/resources/therapeuticresponse. pdf. ), page 83; cf. p. 67, 120)].
56
Id. at, referring to Shidlo, A. , & Schroeder, M. (2002). Changing sexual orientation: A consumer’s
report. Professional Psychology: Research and Practice, 33, 249-259, and Schroeder, M. , & Shidlo, A.
(2001). Ethical issues in sexual orientation conversion therapies: An empirical study of consumers. Journal
of Gay & Lesbian Psychotherapy, 5(3/4), 131-166.
57
Id.
53
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Scott Sears
·
Twenty five percent of the participants had previously attempted suicide before therapy,
casting doubt on any assertion that suicide attempts were caused by sexual orientation
change efforts. 59
·
The participants’ experiences came from a mix of licensed therapists, non-licensed peer
counselors, and religious counselors. As such, it is possible that negative therapeutic
experiences might differ based on the level of training of the one providing the
counseling. 60
Dr. Rosik also points out that, on average, people with same sex attraction experience are at
greater risk for experience many mental health difficulties before ever participating in sexual
orientation change efforts. 61
Dr. Joseph Nicolosi, an expert in the case of King v. Christie, says similarly to Dr. Rosik62.
The scientific bias of the American Psychological Association Report is evidenced by four
specific factors. First, the American Psychological Association Report failed to review the welldocumented psychological and medical health risks associated with homosexual and bisexual
behavior63. Second, the American Psychological Association Report failed to consider the
factors associated with the development of homosexual attractions and merely assumed that
homosexuality is as developmentally normal as heterosexuality. Yet, the American
Psychological Association Report would concede that the causes of homosexuality are unknown.
Third, the American Psychological Association Report did not study individuals who reported
Id.
Id.
60
Id.
61
Id. at 8 [citing (Whitehead, N. E. , & Whitehead, B. K. (2010). ) My genes made me do it! A scientific
look at sexual orientation. Whitehead Associates. Retrieved from http. //www. mygenes. co. nz)].
62
Motion for T. R. O. Case 3:13-cv-05038-FLW-LHG Document 3-5 Filed 08/23/13. Paragraph 16.
63
Id. [citing (Neil E. Whitehead, Homosexuality and Co-Morbidity: Research and Therapeutic
Implications, The Journal of Human Sexuality II, 156 (2010) (recent studies have found “essentially the same
suicide rates” for same-sex attracted people in the US as other countries with decades of acceptance of people
with same-sex attractions, behaviors, or identity). )].
58
59
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success from sexual orientation change efforts counseling, apparently because it considered
change unnecessary and undesirable.
Fourth, the American Psychological Association Report elevated the standard for success in
treatment for unwanted same-sex attractions, behaviors, or identity, and this standard is far
higher than the standard for success applicable to any other course of psychological treatment.
Many other courses of treatment also have notorious reputations for resistance to success,
specifically courses of treatment for narcissism, borderline personality disorder, and alcohol and
drug abuse, but there is no debate about the usefulness of these courses of treatment. “The Task
Force also criticized sexual orientation change efforts studies on the grounds that the studies had
high dropout rates. However, many treatment cohorts have high dropout rates; take, for
example, a drug and alcohol treatment program (Polich, Armor, & Baker, 1981).”64
Nevertheless, the American Psychological Association Report ignored any potential comparison
to these treatment options and also ignored the fact that psychologists continue to engage in these
courses of treatment despite their uncertain outcomes. Additionally, these courses of treatment
all continue with the blessing of the American Psychological Association and all of the other
professional organizations that criticize sexual orientation change efforts counseling.
Dr. Nicolosi also points to blatant contradictions in the American Psychological Association
Report that reveal the bias behind the report65. On page two, the American Psychological
Association Report states that none of the recent research, which are all studies from 1999-2007,
meet the methodological standards for determining the efficacy, safety, or dangers of sexual
Id. [citing (James E. Phelan, et al. , A Critical Evaluation of the Report of the Task Force on
Appropriate Therapeutic Responses to Sexual Orientation, Resolutions, and Press Release, The Journal of
Human Sexuality IV, 46 (2012))].
65
Id. at 18. Emphasis provided.
64
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orientation change efforts counseling. This undermines the assertions of proponents of A337166
that sexual orientation change efforts counseling is harmful to minors. Just as the research
allegedly fails to prove sexual orientation change efforts’ efficacy, the American Psychological
Association Report concedes it fails to prove any concrete harm. 67
Furthermore, on page twenty five, the American Psychological Association Report concedes
that there needs to be more research and analysis of the potential benefits or dangers of sexual
orientation change efforts counseling. Page forty two of the American Psychological
Association Report specifically found that there was a dearth of information based on sound
scientific research concerning the safety of sexual orientation change efforts counseling. The
dearth of scientific study prevents blanket assertions by proponents of A3371 that sexual
orientation change efforts counseling is in fact harmful to minors and should therefore be
prohibited. This is reinforced on page forty four of the American Psychological Association
Report, which states that “[b]ecause of the lack of empirical research in this area, the conclusions
must be viewed as tentative.” Indeed, on page eleven, the American Psychological Association
Report admitted that “recent research cannot provide conclusions regarding efficacy or safety.”
V Argument: Contrary to the rationale behind the passing of the bill, it can be abusive for
parents not to send their children for reparative therapy. As such, the bill should be
repealed.
A. Risks associated with living as a homosexual
66
67
Which later became § 45:1-55.
Id. [citing (See Ex. C, Journal of Human Sexuality IV at 57-58. )].
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Scott Sears
Statistically speaking, homosexuals are at significantly greater risk for experiencing
serious medical and mental health problems than are heterosexuals. 68 King et al. 69 located
13,706 scholarly publications between 1966 and April 2005 on the prevalence of mental
disorder, substance misuse, suicide and deliberate self-harm amongst homosexuals. Of those
publications, twenty eight met at least one or more of the four criteria for inclusion in his metaanalysis: random sampling, sixty percent or greater participation rate, sampling from the general
population instead of a selected group, and sample size equal to or greater than 100 research
subjects. A comprehensive systematic meta-analysis, reporting research on a combined 214,344
heterosexual and 11,971 homosexual subjects, found the following70:
Depression and Self-harm
Homosexual men demonstrated 2.58 times increased risk of lifetime prevalence of
depression compared to heterosexuals. 71 Amongst homosexual women, there was a 2.05
times increased risk of lifetime prevalence of depression compared to heterosexuals. 72
Fifty five percent of homosexual men reported a history of suicidal ideation,73 a 4.28
times increased risk of lifetime prevalence of suicidal attempts compared to
heterosexuals. 74 Homosexual women demonstrated 1.82 times increased risk of lifetime
prevalence of suicidal attempts compared to heterosexuals. 75 Homosexual and bisexual
Id. at 57.
Id. [citing (King, M. , Semlyen, J. , Tai, S. S. , Killaspy, H. , Osborn, D. , Popelyuk, D. , & Nazareth, I.
(2008). A systematic review of mental disorder, suicide, and deliberate self harm in lesbian, gay, and bisexual
people. BMC Psychiatry, 8, 70. )].
70
Id. at 56. Some statistics from other studies were added to this compilation as indicated.
71
Id. at 57, page 77 of his report.
72
Id. , at 57, page 77 of his report.
73
Id. at 68, based on a study of 52 homosexual college men by Schneider, S. G. , Farberow, N. L. , &
Kruks, G. (1989). Suicidal behavior in adolescent and adult gay men. Suicide and Life-Threatening
Behavior, 19, 381–394.
74
Id. , page 75 of his report.
75
Id. , page 74 of his report.
68
69
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youth are three times more likely to attempt suicide than are heterosexual youth.76
Homosexual men demonstrated 2.30 times increased risk of lifetime prevalence of
deliberate self-harm compared to heterosexuals. 77 Homosexual men demonstrated 1.88
times increased risk of twelve-month prevalence of anxiety disorders compared to
heterosexuals. 78
Substance Abuse
Homosexual men demonstrated 2.41 times increased risk of twelve-month
prevalence of drug dependence compared to heterosexuals. 79 Homosexual women
demonstrated 3.50 times increased risk of twelve-month prevalence of drug dependence
compared to heterosexuals. 80 Homosexual women demonstrated a four times increased
risk of twelve-month prevalence of alcohol dependence compared to heterosexuals. 81
Homosexual women demonstrated 3.42 times increased risk of twelve-month prevalence
of any substance use disorder compared to heterosexuals. 82
Sexually Transmitted Diseases
At a New York City sexually transmitted disease clinic, seventeen percent of
homosexual women were HIV positive compared with eleven percent of exclusively
Id. at 69, based on a study by Gibson, P. (1986, June). Gay male and lesbian youth suicide. Paper
presented at the National Conference on Prevention and Interventions in Youth Suicide, Oakland, CA.
Findings from other studies produced similar results. See D’Augelli & Hershberger, 1993; Proctor & Groze,
1994; Remafedi, Farrow, & Deisher, 1991; Rotheram-Borus, Rosario, et al. , 1994; Tielman, Carballo, &
Hendricks, 1991; de Graaf et al. , 2006; Fleming, Merry, Robinson, Denny, & Watson, 2007; Hegna &
Wichstrøm, 2007; Lester, 2006; Meads et al. , 2007; Safren & Heimberg, 1999; Sandfort et al. , 2001, 2006;
Silenzio, Pena, Duberstein, Cerel, & Knox, 2007; Skegg, Nada-Raja, Dickson, Paul, & Williams, 2003;
Warner et al. , 2004.
77
Id.
78
Id. , page 78 of his report.
79
Id. , page 80 of his report.
80
Id. , page 80 of his report.
81
Id. , page 79 of his report.
82
Id. , page 81 of his report.
76
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heterosexual women83. The rate of bacterial vaginosis was 2.45 times higher among
homosexual women than among heterosexual women. 84
Homosexuals consistently represent the highest rates of HIV/AIDS cases in the United
States. For example, in a 1990 report, close to ninety six percent of San Francisco’s AIDS cases
were homosexual men.85 Lifetime prevalence for sexually transmitted diseases in homosexual
men was seventy five percent compared with 16.9 percent for heterosexual men. 86
Eating Disorders
Clinical studies of men with eating disorders found that thirty three percent of those with
the disorders were homosexual. 87 In an eating disorders group, researchers confirmed that one
third of the men were reportedly homosexual. 88 A clinical study of men diagnosed with bulimia
nervosa found that eighty two percent considered themselves to be homosexual. 89
Mental Illness
Rekers (2006) shows that the lifetime prevalence of mental illness amongst homosexuals
is fifty to sixty percent of homosexuals in the Netherlands and more than seventy percent for
Id. at 65, quoting from Bevier, P. J. , Chiasson, M. A. , Heffernan, R. T. , & Castro, K. G. (1995).
Women at a sexually transmitted disease clinic who reported same-sex contact: Their HIV seroprevalence and
risk behaviors. American Journal of Public Health, 85(10), 1366–1371.
84
Id. at 68, based on a study by Evans, A. L. , Scally, A. J. , Wellard, S. J. , & Wilson, J. D. (2007).
Prevalence of bacterial vaginosis in lesbians and heterosexual women in a community setting. Sexually
Transmitted Infections, 83(6), 470–475.
85
Id. at 60, based on Ekstrand, M. L. , & Coates, T. J. (1990). Maintenance of safer sexual behaviors
and predictors of risky sex: The San Francisco men’s health study. American Journal of Public Health, 80,
973–977.
86
Id. at 66, based on Laumann, E. O. , Gagnon, J. H. , Michael, R. T. , & Michaels, S. (1994). The
social organization of sexuality. Chicago: University of Chicago Press.
87
Id. at 76, based on Robinson, P. H. , & Holden, N. L. (1986). Bulimia nervosa in the male: A report
of nine cases. Psychological Medicine, 16, 795–803. ; Schneider, J. A. , & Agras, W. S. (1987). Bulimia in
males: A matched comparison with females. International Journal of Eating Disorders, 2, 235–242.
88
Id. , based on Herzog, D. B. , Bradburn, I. S. , & Newman, K. (1990). Sexuality in males with eating
disorders. In A. E. Andersen (Ed. ), Males with eating disorders (pp. 40–53). New York: Brunner/Mazel. .
They note that these percentages were disproportionately high compared with the percentages of homosexual
men in the general population.
89
Id. , based on Fichter, M. M. , & Hoffman, R. (1990). Bulimia nervosa in the male. In M. M. Fichter
(Ed. ), Bulimia nervosa: Basic research, diagnosis, and therapy (pp. 99–111). New York: John Wiley &
Sons.
83
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homosexuals in New Zealand. 90 In a study in the United States, forty eight percent of
homosexual men and women believed they currently needed mental health treatment, while only
twenty two percent of heterosexuals felt they needed treatment. Ten percent of homosexual,
bisexual, and transgendered men had been hospitalized for psychopathology compared to 4.4
percent of heterosexual men. Among women, corresponding figures were 8.7 percent of
homosexuals and 6.8 percent of heterosexuals. 91
Youth
Homosexual youth under the age of eighteen had thirty to fifty percent more depression
and anxiety than heterosexual youth in the same age group. 92
Messina (1992) found that among street youth, fifty percent in New York and forty
percent in Seattle identified themselves as homosexual. 93
High school students with romantic homosexual relationships have a substantially higher
suicide rate than do those with heterosexual relationships. 94 The study consisted of 5,685
adolescent boys and 6,254 adolescent girls. Same-sex romantic relationships were reported by
sixty two boys and 125 girls. The researchers found that the odds of suicidal attempts were 2.45
times higher among adolescent boys with homosexual orientation than among heterosexual boys.
Id. at 79. Both the Netherlands and New Zealand are known to have cultures tolerant of homosexuality
and intolerant of social discrimination based on sexual orientation or sexual lifestyle. As Sandfort et al.
(2001) reports, the Netherlands has a “social climate toward homosexuality [that] has long been and remains
considerably more tolerant” (p. 89).
91
Id. , based on Cochran, B. N. , & Cauce, A. M. (2006). Characteristics of lesbian, gay, bisexual, and
transgender individuals entering substance abuse treatment. Journal of Substance Abuse Treatment, 30(2),
135–146.
92
Id. based on Hatzenbuehler, M. L. , Corbin, W. R. , & Fromme, K. (2008). Trajectories and
determinants of alcohol use among LGB young adults and their heterosexual peers: Results from a prospective
study.
Developmental Psychology, 44(1), 81–90.
93
Id. at 63.
94
Id. at 86, based on a study by Russell, S. T. , & Joyner, K. (2001). Adolescent sexual orientation and
suicide risk: Evidence from a national study. American Journal of Public Health, 91(8), 1276–1281.
90
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Similarly, the odds of suicidal attempts among adolescent girls with homosexual orientation
were 2.45 times higher than among heterosexual girls.
Athletic Environment
In athletics environments, homosexual athletes suffer fear, humiliation, isolation, and
sometimes physical violence. 95 Homosexuals, both male and female, have been systematically
prohibited from participating in the educational benefits of intercollegiate sports. 96 They live in
fear of being “outed” and ostracized by peers, teammates, or coaches. 97 If homosexual athletes
are honest about their personal relationships, they are often told to be silent to “protect” the
program's image. 98 They also may suffer financial loss when scholarships are at stake. 99
Similarly, homosexual coaches have been denied employment, denied advancement, or
terminated due to their sexual orientation. 100 They also live in fear of being “outed” and
ostracized by peers or administrators. Opposing coaches may use the sexual orientation of a
coach to strike fear in recruits or parents, and even heterosexual coaches who have been accused
of being homosexual spend their entire careers under suspicion. 101
Decreased Life Expectancy
An epidemiological study from Vancouver, Canada of data compiled between 1987 and
1992 for AIDS-related deaths reveals that male homosexual or bisexual practitioners lost up to
twenty years of life expectancy. The study concluded that if three percent of the population
95
Barbara Osborne, "No Drinking, No Drugs, No Lesbians": Sexual Orientation Discrimination in
Intercollegiate Athletics, 17 Marq. Sports L. Rev. 481, 485-87 (2007) [citing ( Julie A. Baird, Playing it
Straight: An Analysis of Current Legal Protections to Combat Homophobia and Sexual Orientation
Discrimination in Intercollegiate Athletics, 17 Berkeley Women's L. J. 31 (2002). )].
96
Id.
97
Id. [citing (Nat'l Ctr. for Lesbian Rights, Sports Project: Realities Faced by Lesbian, Gay, Bisexual and
Transgender Athletes and Coaches, http:// www. nclrights. org/projects/sp-realities. htm (last visited Apr. 2,
2007). )].
98
Id. [citing (First Am. Compl. , supra note 3, P 33. )].
99
Id. [citing (Nat'l Ctr. for Lesbian Rights, supra note 46. )].
100
Id. [citing (See Weaver v. Nebo Sch. Dist. , 29 F. Supp. 2d 1279 (D. Utah 1998). )].
101
Id. [citing (Baird, supra note 44, at 39. )].
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studied were gay or bisexual, the probability of a twenty-year-old gay or bisexual man living to
sixty five years was only thirty two percent, compared to seventy eight percent for men in
general. 102
In a study published in Omega: the Journal of Death and Dying, Paul Cameron reported a
tabulation of over 6,500 obituaries of homosexual men and women from eighteen separate
homosexually oriented journals and magazines, covering a period of over eleven years. He
concluded that homosexual men had an average life-span in the mid-forties if AIDS is not a
factor, late thirties-to-early-forties if it is. The average life-span of homosexual women is under
fifty years. The discrepancy between the median life-span of heterosexual men, whose average
lifespan is seventy five, and homosexuals (i.e., 75 - 42 = 33 years, ignoring AIDS deaths) or
heterosexual women and lesbians (i.e. 79 – 45 = 34 years) is considerably larger than any other
discrepancy between “conventional” life-styles (e.g., smokers v. non-smokers; high fat v. low fat
diet). 103
B. Theories for the Increased Risks
The reason many homosexuals attempt suicide is because they do not want to be
homosexuals. Thirty-seven percent of Bell and Weinberg’s104 convenience sample of suicidal
Diggs, John R. , Jr. , M. D. , The Health Risks of Gay Sex. Corporate Resource Council (2002), [citing
(R. S. Hogg, S. A. Strathdee, et al. , “Modeling the Impact of HIV Disease on Mortality in Gay and Bisexual
Men,” International Journal of Epidemiology, 26(3): 657-661, p. 659 (1997). )].
103
Homosexuality: Innate and Immutable?, 14 Regent U. L. Rev. 383, 418 (2002) [citing (Paul
Cameron, The Longevity of Homosexuals: Before and After the AIDS Epidemic, 29 OMEGA J. DEATH &
DYING 249, 258-260 (1994). )].
104
Id. at 70, Bell, A. P. , & Weinberg, M. S. (1978). Homosexualities: A study of diversity among men
and women. New York: Simon & Schuster.
102
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homosexual adults “could not accept themselves”; twenty-one percent of Bradford et al.’s105
group could not deal with being homosexual; and one third of Remafedi et al.’s (1991) group
cited the same problem. About half of the youth in D’Augelli et al.’s (2005) group reported that
they attempted suicide because they hated being homosexual. 106
C. The Benefits of Reparative Therapy
Over the past 130 years, as early as 1882,107 mental health professionals and researchers
have documented many different ways to assist men and women to successfully change from a
homosexual to a heterosexual orientation. Reorientation assistance includes a variety of
approaches, such as psychoanalysis, behavior and cognitive therapies, group therapies, sex
therapies, hypnosis, pharmacological treatment, and religiously-mediated activities. 108
Meta-analyses of treatment of people with unwanted same-sex attractions show that it is
very possible for one to change their sexual orientation. Clippinger’s meta-analysis of the
treatment of unwanted homosexuality109 demonstrated that of 785 homosexuals treated, 307
(forty percent) either significantly improved in the direction of their desired goal, or had made at
least some shift toward heterosexuality. In another meta-analysis, E. C. James concluded110 that
when the results of all research studies before 1978 were combined, approximately thirty-five
Id. at 70, Bradford, J. , Ryan, C. , & Rothblum, E. D. (1994). National lesbian health care survey:
Implications for mental health care. Journal of Consulting and Clinical Psychology, 62, 228–242.
106
Id. at 70, D’Augelli, A. R. (1992). Sexual behavior patterns of gay university men: Implications for
preventing HIV infection. Journal of American College Health, 41, 25–29.
107
Supra note 19 at 19. In 1882, Charcot published a paper titled Inversion of the Genital Sense. Charcot
applied the same type of therapy he used on hysterics for homosexual men. He reported success because “the
homosexual became heterosexual. ”
108
Id.
109
Id. at 32 [citing (Clippinger, J. A. (1974). Homosexuality can be cured. Corrective and Social
Psychiatry and Journal of Behavioral Technology, Methods, and Therapy, 20(2), 15–28. )].
110
Id. [citing James, E. C. (1978). Treatment of homosexuality: A reanalysis and synthesis of outcome
studies. Unpublished doctoral dissertation, Brigham Young University, Provo, UT. )]
105
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percent of the homosexual clients had shifted to heterosexuality, twenty-seven percent had
improved, and thirty-seven percent had neither changed nor improved. Based on these findings,
she stated, “Significant improvement and even complete recovery [from a homosexual
orientation] are entirely possible”111. Jones and Yarhouse used meta-analysis to review thirty
studies conducted between the years 1954 and 1994112. Of the 327 total subjects from all the
studies, 108 (thirty-three percent) were reported to have made at least some heterosexual shift. 113
Even for those that are not cured by reparative therapy, many report other positive
effects. There is a significant body of research that reveals even when consumers of reparative
therapies have not found that therapy was successful, the clients nevertheless found therapy to be
helpful in other ways. 114 Spitzer reported that there was no evidence of any form of harm
experienced by the participants in his study. “To the contrary, they reported that it was helpful in
a variety of ways beyond changing sexual orientation itself. ”115
D. Applying New Jersey’s Child Abuse Statute to the Facts Surrounding Homosexuality
Id. [citing James, E. C. (1978). Treatment of homosexuality: A reanalysis and synthesis of outcome
studies. Unpublished doctoral dissertation, Brigham Young University, Provo, UT. Page 183)].
111
Id. [citing (Jones, S. L. , & Yarhouse, M. A. (2000). Homosexuality: The use of scientific research
in the church’s moral debate. Downer’s Grove, IL: InterVarsity Press. )].
113
Id.
114
Id. at 46. This is based on the following studies: Nicolosi, J. , Byrd, A. D. , & Potts, R. W. (2000a).
Beliefs and practices of therapists who practice sexual reorientation psychotherapy. Psychological Reports,
86, 689–702. , 2000b; Shidlo, A. , & Schroeder, M. (2002). Changing sexual orientation: A consumer’s
report. Professional Psychology: Research and Practice, 33(3), 249–259. ; Spitzer, R. L. (2003). Can some
gay men and lesbians change their sexual orientation? 200 participants reporting a change from homosexual to
heterosexual orientation. Archives of Sexual Behavior, 32, 403–417.
115
Id. , page 413 of his report.
112
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As mentioned earlier, New Jersey’s statute on neglect and abuse of children includes “(d)
any willful act of omission or commission whereby unnecessary pain and suffering, whether
mental or physical, is caused or permitted to be inflicted on a child.116”
All types of abuse and neglect can have very serious consequences117. Except for a
relatively small percentage of cases in which children are in danger of death or permanent
physical injury, the most debilitating injuries are emotional. 118 There is a clear consensus that
there is a high correlation between maltreatment and certain problems and dysfunctions119.
Psychological research has uncovered that the failure to provide adequate nurturing to a
child through emotional support can cause serious problems in adolescent children, including:
depression, low self-esteem, suicidal tendencies, and substance abuse120. Eliana Gil, a therapist
and writer specializing in childhood abuse, divides the symptoms of adult survivors of child
abuse into three main categories: psychosocial problems, physical and eating disorder problems,
and relationship and sexual problems. 121 Psychosocial problems include depression, low selfesteem, dissociative phenomena, alcohol, drug, gambling, or other addictions, self-mutilation,
suicide attempts, and parenting problems. 122 Physical and eating disorder problems include
anorexia, bulimia, obesity, headaches, stomachaches, skin problems, and various other diseases
116
N. J. Stat. Ann. § 9:6-1 (West).
Judith G. McMullen, The Inherent Limitations of After-the-Fact Statutes Dealing with the Emotional
and Sexual Maltreatment of Children, 41 Drake L. Rev. 483, 494 (1992).
118
Id. [citing (JAMES GARBARINO & GWEN GILLIAM, UNDERSTANDING ABUSIVE FAMILIES
. at 13 (1980))]
119
Id. [citing (See, e. g. , James Garbarino, The Incidence and Prevalence of Child Maltreatment, in 11
FAMILY VIOLENCE, supra note 31, at 219; see also ELIANA GIL, TREATMENT OF ADULT
SURVIVORS OF CHILDHOOD ABUSE 3-54 (1988). )].
120
Sonia Renee Martin, A Child's Right to Be Gay: Addressing the Emotional Maltreatment of Queer
Youth, 48 Hastings L. J. 167, 181 (1996) [citing (Judith G. McMullen, The Inherent Limitations of After-the
Fact Statutes Dealing With the Emotional and Sexual Maltreatment of Children, 41 Drake L. Rev. 483, 521
(1992). )].
121
Supra note 102 at 497 [citing (GIL, supra note 68, at 49-54. )].
122
Id. [citing (GIL, supra note 68, at 49-51. )].
117
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and infections. 123 Relationship and sexual problems include unstable relationships, poor choice
of partners, orgasmic disorders, desire disorders, and promiscuity. 124
As child abuse statutes essentially authorize after the fact interventions125, it makes sense
to look at the results of the actions that parents take or fail to take to determine if something
constitutes child abuse126. While only a correlational, not causational, link, one can clearly see
the connection between the symptoms of people that were abused by their parents and the
symptoms of people that live their lives as homosexuals. One can do an almost one to one
comparison of the symptoms to see the connection:
In Gil’s first category of psychosocial problems127, she cites among a few other
things depression, low self esteem, addictions, self mutilation, and suicide attempts.
There is a 2.58 times increased risk of depression for homosexual men and 2.05 times for
homosexual women than compared to heterosexuals of the same sex. Feelings and ideas
of insecurity, inferiority, and immaturity are operating in all homosexuals128. While there
are mixed results regarding homosexual men and an increased risk for alcohol abuse129,
Id. [citing (GIL, supra note 68, at 51-52. )].
Id. [citing (GIL, supra note 68, at 52-54. )].
125
Id. at 484 [citing (For example, the Minnesota statute cited at supra note 6 is a reporting statute, which
necessarily implies that something has happened that must be reported. See MINN. STAT. ANN. § 626.
556(1)-(2) (West Supp. 1993). Likewise, for a child to exhibit evidence of physical or mental injury or death
under the Ohio statute cited, the injuring act must have already occurred. See OHIO REV. CODE § 2151. 031
(Page 1990). )].
126
How do I know if it’s happening to me?. Child Abuse Prevention Website. Updated June 13, 2008.
http://www. safekidsbc. ca/teens_indicators. htm (last visited Jan 13, 2014).
127
Supra note 107.
128
Robert Allan Harper . Psychological Aspects of Homosexuality. . Advances in Sex Research , Vol. 1,
(Oct. , 1963) , p 187, 193. http://www. jstor. org. lb-proxy8. touro. edu/stable/3811211 (last visited January
13, 2014).
129
Dailey, Timothy J. The Negative Health Effects of Homosexuality. Family Research Council.
“Although the Journal of Consulting and Clinical Psychologists article found no significant connection
between male homosexuals and alcohol abuse, a study in Family Planning Perspective concluded that male
homosexuals were at greatly increased risk for alcoholism: "Among men, by far the most important risk group
consisted of homosexual and bisexual men, who were more than nine times as likely as heterosexual men to
have a history of problem drinking. "” [citing (Karen Paige Erickson, Karen F. Trocki, "Sex, Alcohol and
123
124
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homosexual women were at significantly greater risk than heterosexual women for both
binge drinking (19.4 percent compared to 11.7 percent), and for heavy drinking (seven
percent compared to 2.7 percent)130. Homosexual men were reported to harm themselves
2.3 times as often as heterosexual men, and homosexual women were 1.34 times as likely
as heterosexual females. 131 Homosexual men are 4.28 times as likely to attempt suicide
as heterosexual men, and homosexual females are 1.82 times as likely as heterosexual
women. 132
The next category Gil brought was physical and eating disorder problems
including anorexia, bulimia, obesity, and various other diseases and infections. 133
Clinical studies of men with eating disorders found that one third were homosexual. 134 In
an eating disorders group, researchers confirmed that one third of the men were
reportedly homosexual. 135 A clinical study of men diagnosed with bulimia nervosa found
that eighty-two percent considered themselves to be homosexual. 136 Homosexual women
in couples are four to five percentage points more likely than heterosexual women in
Sexually Transmitted Diseases: A National Survey,"Family Planning Perspectives 26 (December 1994): 261.
)].
130
Id. [citing ( Peter Freiberg, "Study: Alcohol Use More Prevelent for Lesbians," The Washington
Blade, January 12, 2001, p. 21. )].
131
King M, Semlyen J, See Tai S, Killaspy H, Osborn D, Popelyuk D, Nazareth I. A systematic review of
mental disorder, suicide, and deliberate self harm in lesbian, gay and bisexual people. BMC
Psychiatry 2008, 8:70. http://www. biomedcentral. com/1471-244X/8/70 (last visited 1/13/14). See figure 3.
132
Supra note 68.
133
Supra note 108.
134
Supra note 70
135
Id. , based on Herzog, D. B. , Bradburn, I. S. , & Newman, K. (1990). Sexuality in males with eating
disorders. In A. E. Andersen (Ed. ), Males with eating disorders (pp. 40–53). New York: Brunner/Mazel. .
They note that these percentages were disproportionately high compared with the percentages of homosexual
men in the general population.
136
Id. , based on Fichter, M. M. , & Hoffman, R. (1990). Bulimia nervosa in the male. In M. M.
Fichter (Ed. ), Bulimia nervosa: Basic research, diagnosis, and therapy (pp. 99–111). New York: John Wiley
& Sons.
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couples to be obese137. Lifetime prevalence of sexually transmitted diseases is seventy
five percent in homosexual men compared to less than seventeen percent of heterosexual
men138. Homosexual women are 2.45 times more likely to get bacterial vaginosis
compared to heterosexual women139.
The final category Gil describes is that of relationships and sexual problems,
including unstable relationships, poor choice of partners, desire disorders, and
promiscuity. 140 A Dutch study found the average male homosexual partnership lasting
only one and a half years. 141 This is compared to a Center for Disease Control study that
found fifty percent of heterosexual marriages lasting fifteen years or more. 142 A Swedish
study found that homosexual couples divorced at a higher rate than heterosexual
couples143. Dr. Keith Montgomery links sexual identity issues and abuse as possible
causes of hypoactive sexual desire disorder144. There is an extremely low rate of sexual
fidelity among homosexual men as compared to married heterosexuals. Among
heterosexual married females eighty five reported sexual fidelity. Among heterosexual
Carpenter, Christopher. Sexual Orientation and Body Weight: Evidence from Multiple Surveys. April
2004. http://web. merage. uci. edu/~kittc/CarpenterGenderIssuesPaper0404. pdf (last visited 1/13/14).
138
Supra note 70.
139
Supra note 65.
140
Supra note 109.
141
Goldberg, Arthur. Light in the Closet: Torah, Homosexuality, and the Power to Change. 2008. P515
[citing (Maria Xiridou et al. , "The Contribution of Steady and Casual Relationships to the Incidence of HIV
Infection among Homosexual Men in Amsterdam," AIDS Journal (2QQ3), p. 17. )].
142
Id. [citing (National Center for Health Statistics, Centers for Disease Control, "Forty-Three Percent of
First Marriages Break up Within 15 years," <http://www. cdc. gov/nchs/releases/0 lnews/first-marr. htm>. See
also Sprigg, 97. )].
143
Id. [citing (Gunnar Andersson, Turid Noack, Ane Seiestad, and Harald Weedon-Fekjair, "Divorce-Risk
Patterns in Same-Sex Marriages in Norway and Sweden," Paper presented at the Annual Meeting of the
Population Association of America, April 3, 2004, <http://paa2004. princeton. edu/download.
asp?submissionld=40208>. See also Sprigg, 97. )].
144
Montgomery KA. Sexual desire disorders. Psychiatry (Edgmont) 2008;5:50–5. http://www. ncbi.
nlm. nih. gov/pmc/articles/PMC2695750/ (last visited 1/14/14).
137
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married men, 75.5 percent reported sexual fidelity. Among homosexual males in their
current relationship, only 4.5 percent reported sexual fidelity145.
As a parent, at common law, there is a status relationship where a parent owes a duty to a
child to act when the child is in harm's way. 146 In order for there to be criminal liability, the
parent must have the ability to help, knowledge of the risk, and knowledge of the duty owed. 147
When a child is born an automatic duty is placed on parents to provide that child with everything
he or she needs and deserves, “which includes meeting the child's emotional needs. ”148 In terms
of homosexual adolescents, parents have a duty to act - to help their children to the best of their
ability. Today, reparative therapy is available to help the underlying cause of many of these
kids’ homosexuality149 and avoid the results cited above.
VI. Reform that should take place
Slick, Matt. Statistics on sexual promiscuity among homosexuals. Christian Apologetics and Research
Ministry. http://carm. org/statistics-homosexual-promiscuity (last visited 1/14/14) [citing (Laumann, The
Social Organization of Sexuality, 216; McWhirter and Mattison, The Male Couple: How Relationships
Develop (1984): 252-253; Wiederman, "Extramarital Sex," 170. This is extracted from http://www. frc.
org/get. cfm?i=IS04C02)].
146
Id. at 233 [citing (Dressler, supra note 240, at 132-133 (discussing failure to act); Criminal LiabilityAiding and Abetting-Parent's Duty to Protect Child from Assault (2008), available at http:// news. bna. com.
jerome. stjohns. edu:81/crln/CRLNWB/split_display. adp?
fedfid=7116442&vname=crl1notallissues&fcn=11&wsn=961&fn=7116442&split=0 (discussing the court's
perspective on a parent's duty to protect a child). )].
147
Id. [citing (See Lissa Griffin, “Which One of You Did It?” Criminal Liability for “Causing or
Allowing” the Death of a Child, 15 Ind. Int'l & Comp. L. Rev. 89, 97 (2004) (stating when a parent may be
held criminally liable for an omission that harms his child); see also Paul H. Robinson, Criminal Liability for
Omissions: A Brief Summary and Critique of the Law in the United States, 29 N. Y. L. Sch. L. Rev. 101,
103, 112, 118 (1984) (discussing the factors that cause omissions to constitute criminal offenses).
148
Id. [citing (See Hendrika B. Cantwell, The Neglect of Child Neglect, in The Battered Child 347, 348
(Mary Edna Helfer et al. eds. , 5th ed. The University of Chicago Press 1997) (stating that neglect is the
failure of a parent to fulfill the parental duty to provide for the child); see also Unconditional Love, supra note
63 (suggesting that if potential parents cannot provide a child with all it deserves then they should avoid
conceiving, find a suitable adoptive family, or decide to raise a child properly). )].
149
Supra note 113 pages 195-196 “The therapist shows them by examining with them the illustrations they
provide from their own thoughts and actions that they are really puritanical nonrealists and antirationalists,
self-haters, victims of strong habit-conditioning and frightened, ritualistic avoidance of heterosexuality. ”
145
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The solution to the current situation seems simple enough: repeal New Jersey § 45:1-55.
This will allow parents to send their children to licensed therapists to get the help their child
needs and avoid the unhealthy increased risks involved in allowing the child to live as a
homosexual.
An additional justification for repealing New Jersey § 45:1-55 is put forth by Dr. Joseph
Nicolosi. In a Declaration filed by Dr. Nicolosi, an expert in the case of King v. Christie, he
points out that there is a concern that parents will now send their children to unlicensed therapists
to get help, as New Jersey § 45:1-55 only prohibits licensed therapists from performing
reparative therapy150. This means that reparative therapy will be performed on children by noncertified therapists instead of having trained therapists perform the reparative therapy151. Any
possibile risks associated with therapy performed by unlicensed therapists is naturally going to
be higher than when performed by licensed therapists.
Conclusion
Reparative therapy is not some irrational form of torture disguised as therapy that it once
was. Rather, it is a form of therapy in which therapists use their regular therapeutic techniques to
address the underlying issues causing a person to have homosexual desires. This is because even
if homosexuality is related to one’s genetic makeup, it is clear that environmental factors are at
work as well. As such, one must look at the benefits and side effects of reparative therapy to
understand if it should be legal to perform on minors or if it constitutes child abuse.
150
151
Supra note 49, paragraph 28.
Id. at paragraph 29.
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The New Jersey legislature found based on testimony and an American Psychological
Association Report that even though the findings are inconclusive, the potential risk involved is
enough for the state to step in and forbid reparative therapy from being performed on minors by
licensed therapists. However, the grounds for which they base their decision on are shaky at
best. Testimony they heard was discovered to be completely false. The American Psychological
Association Report was demonstrated not only to be biased, but to also have internal
contradictions. As such, the basis for the ban on reparative therapy should never have been
enacted in the first place.
Now that it has been put into place, it should be repealed. The risks associated with
living as a homosexual are significant. Similar to the effects of child abuse, homosexuals display
increased psychosocial problems such as depression and suicide attempts, physical and eating
problems such as eating disorders and sexually transmitted diseases, as well as relationship and
sexual problems, such as the high divorce rate and low rate of fidelity amongst homosexuals.
Even without AIDS, the discrepancy between the median life-span of homosexuals and
heterosexuals is over thirty years. That difference is more than the discrepancy between smokers
and non-smokers, or people with a high fat and low fat diet.
To prevent a parent from trying to help their child and decrease the risk factors associated
with homosexuality is completely wrong and immoral. It is almost like forcing a parent to abuse
a child: That is how close the results are to each other. A parent has a natural instinct and duty to
protect their child from harm. With this bill in place, a parent will not be able to seek help for
their homosexual child from a licensed therapist and will naturally turn to others for help, namely
unlicensed counselors. This will have an ill effect on the child, as the child should be afforded
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the best care by the best therapists, which are most likely those trained and licensed. This bill
does more harm to the child than the potential harm it is trying to protect against.
Postscript
An obvious, glaring challenge to this thesis cannot go unaddressed. Maybe the negative
associations with living as a homosexual are because of society and people not being open
enough and accepting of homosexuals? The correlation is clear to see, but the cause is only
conjecture. Who says it is not because of the way society treats homosexuals?
There are two answers to this very fair question. The first is that, as explained above,
reparative therapy works not by torture and associating pain with homosexual ideations, as it is
commonly thought to be, but by using standard psychological practices to address the
homosexual’s underlying issue that causes him or her to have homosexual attractions. As such,
even if society becomes more tolerant of homosexuals, it does not mean that the increased risks
will disappear.152
The second answer, albeit a bit weaker, is that the issue must be dealt with now. Would
it be ideal if everyone supported homosexuals? Does everyone hope for the day that a person’s
sexual orientation does not bear any negative associations? Of course. At this point in time,
however, the reality is not that way. It is easy to tell everyone to be more accepting, but that is
not the case. Right now the risks are present, and the way to reduce them is with reparative
therapy. To think everyone is going to change overnight is nothing more than a fantasy and
causes more hurt to the people that need help now.
152
See note 79.
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The reason the second answer is less strong is because, as the studies in the Netherlands
show153, even more tolerant countries do not reflect any lower risks associated with living as a
homosexual. Also, it ignores that reparative therapy addresses a core issue, and a result is the
homosexual tendencies fall to the side. Negative societal views cannot be the explanation if the
same sex attraction goes away when addressing an underlying issue.
153
Id.
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