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November 19, 2012
Judge Tom
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California bans “reparative therapy” for LGBT minors

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Governor Jerry Brown signed a bill on September 29, 2012 outlawing nonscientific therapies, including reparative therapy, to overcome homosexuality. The California law goes into effect on January 1, 2013 and is directed at mental health providers.

It states that no mental health provider shall provide minors with therapy intended to change their sexual orientation. These include efforts to “change behaviors or gender expressions, or to eliminate or reduce sexual or romantic attractions or feelings toward individuals of the same sex.”

Photo by Jungle Boy (Flickr)

Opponents of the bill argue that it violates free choice and is an intrusion into professional practice. Some therapists and religious leaders promote methods that they say can reduce homosexual desires. Most therapists agree that total “cures” are rare. Their methods have come under attack from gays who say the therapy has led to guilt, helplessness and anger.

On the other hand, supporters of the ban on questionable therapies include medical and psychological societies, as well as state and national advocates for gay rights.

Other states, including New Jersey, are considering similar legislation.

Update: In December of 2012, a three judge panel of the Ninth Circuit Court of Appeals issued an emergency order putting the law on hold until the issue on the law’s constitutionality can be fully argued before the court. The issue is whether the law violates the First Amendment rights of therapists and parents.

 

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The Author Judge Tom

Judge Tom is the founder and moderator of AsktheJudge.info. He is a retired juvenile judge and spent 23 years on the bench. He has written several books for lawyers and judges as well as teens and parents including 'Teen Cyberbullying Investigated' (Free Spirit Publishing) and 'Every Vote Matters: the Power of Your Voice, from Student Elections to the Supreme Court' (Free Spirit Publishing). In 2020, the American Bar Association published "Cyberbullying Law," the nation's first case-law book written for lawyers, judges and law students. When he's not answering teens' questions, Judge Tom volunteers with the American Red Cross and can be found hiking, traveling and reading.

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