Ending Reparative Therapy in Minors: An Appropriate Legislative Response

• Author: Ian Moss
• Date: 01 April 2014
• DOI: http://doi.org/10.1111/fcre.12093
• Published date: 01 April 2014

ENDING REPARATIVE THERAPY IN MINORS:

AN APPROPRIATE LEGISLATIVE RESPONSE

Ian Moss

Reparative Therapy is a controversial Psychological practice designed to “cure” subjects, many of whom are minors, of their

homo/bisexuality.These attempts to alter sexual orientation are not only generally met with failure, but also frequently involve

the use of therapy methods that provide no medical benefit and carry a great risk of harm. Most troubling about this practice

though is that for years, there havebeen persistent repor ts of Lesbian, Gay, and Bisexual (LGB) minors being forcibly subjected

to this therapy by their parents. It is knownthat providers of Reparative Therapy,who maintain that homosexuality is a treatable

mental disorder, often mislead parents about the risks of the treatment and the therapy’s likelihood of success. This Note

proposes a state ban on Reparative Therapy, which would prohibit ReparativeTherapy Practitioners from using psychological

methodologies to attempt to alter the sexual orientation of minors. Modeled off the statutes of New Jersey and California, this

ban would protect LGB minors from ineffectiveand harmful therapies, and do so in a way that does not violate patients, parents,

or practitioners’ rights under the 1st and 14th Amendments.

Key Points for the Family Court Community:

• Therapeutic attempts to “cure” homosexuality,collectively referred to as “Reparative Therapy,” are widely condemned

by most mental health organizations as dangerous and ineffective.

• There have been many problematicrepor ts of LGB minors being forced into ReparativeTherapy, often by parents who

have been misled or left unaware of the numerous potential harms that have been associated with the practice like

depression, self-harm, and suicide.

• State Bans on Reparative Therapy as applied to minors, as seen in NewJersey and California, are an efficient way to

protect minors from being subjected to this practice without penalizing parents, who in most cases are acting in good

faith.

Keywords: LGBTYouth;Reparative Therapy;and Sexual Orientation Change Efforts.

1. INTRODUCTION

The following story of George is a fictional account derived from existing research and derived

from actual accounts regarding Reparative Therapy and LGB Youth.1

George was 16 when he came out as gay to his parents. He had come out to his friends two years

prior, and while some were shocked, most had been supportive of him. However, George was still

worried about coming out to his parents. He had read of cases where kids would be beaten or thrown

to the streets after coming out, but his parents had always been loving and supportive of him. George

sat down with his parents and explained that they had done nothing wrong and that scientists were

generally sure people were just “born this way.”2His parents responded by calmly asking him to leave

the room so they could speak.

George’s parents were at a loss. They loved their son and believed him when he said he was not

choosing to be gay, but they had grown up believing homosexuality was a sin. They visited their

clergyman, Reverend Ward, to ask if their son’s soul was at risk. He assured them that homosexuality

was curable.3He described several cases of homosexuals who became heterosexual through a mix of

prayer and therapy, and how these outcomes were supported by scientific research.4He told them that

his brother was a psychologist who knew how to perform this “Reparative Therapy” and could guide

George through it. George’s parents quickly agreed to meet with Dr. Ward to get their son treatment.

Correspondence: ihmoss87@gmail.com

FAMILY COURT REVIEW,Vol. 52 No. 2, April 2014 316–329

© 2014 Association of Familyand Conciliation Cour ts