Facts and Fiction in the Jonah Case: Spitzer's Retraction

In November, 2012 on behalf of several former clients of  Jews Offering New Alternatives to Healing (formerly Homosexuality), the Southern Poverty Law Center initiated a complaint in New Jersey (Ferguson et al v. JONAH). The complaint seeks damages under New Jersey’s consumer protection laws and challenges JONAH’s claims to be able to help people change sexual orientation.
In support of JONAH, Michelle Cretella, a pediatrician, filed an amicus brief with various claims regarding sexual reorientation. There are many glaring problems with this brief. I hope to examine several of them over the coming days, including her selective citation of my work.
A huge problem for NARTH has been Robert Spitzer’s retraction of his 2001 study on sexual reorientation, and Cretella briefly addresses Spitzer’s recent statements:

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I hope Cretella does not do pediatrics as she suggests doing sexual reorientation. For her patients’ sake, I hope she relies on new studies and takes into account all relevant studies to inform her advice. On sexual orientation, there have been several important studies about sexual orientation since 2001 which are relevant.
And then regarding Zucker and the publication of a retraction: This is misleading. In Zucker’s journal, Spitzer did publish a letter to the editor which apologized for what he now believes are erroneous conclusions.  Regarding Zucker’s reasons for not doing something in addition to Spitzer’s letter, I will let him speak for himself. In a widely published May 20, 2012 email, Zucker stated:

Dear Colleagues:
1. As some of you know, Robert Spitzer has recently expressed his reservations/regret/remorse about the study he published in Archives of Sexual Behavior in 2003, in which he interviewed 200 men and women who had sought out some variant of “reparative therapy” to deal with their unwanted homoerotic attractions, desires, etc. This was first reported on in an article in American Prospect and then went viral the way all good things should do in the post-modern era…the story even reached the front page of the New York Times in an article by Ben Carey and then an Editorial in the NYT.
2. Because there is a lot of interest in the original study, the author’s regret, etc., I have asked the publisher to give open access to the original Spitzer article, the 26 peer commentaries that followed it, Spitzer’s reply, my Editorial that introduced the “target” article, and Spitzer’s recent Letter to the Editor in which he expresses his reappraisal of the study. The open access period will be for 2 months, where anyone from Australia to Zimbabwe can download these papers for free. I am grateful for this kind gesture on the publisher’s part.
3. I have one suggestion: read the Discussion of the original Spitzer article and the 26 peer commentaries.
Feel free to pass this message on to colleagues and relevant listservs.
Best regards
Ken Zucker, Ph.D.
Editor, Archives of Sexual Behavior

Cretella implies that Zucker took a stand on Spitzer’s original conclusions regarding change. Rather, Zucker honored Bob Spitzer’s request to publish a letter and made the original work available.
Cretella also cites my literature reviews from 1998 and 2002 but does not include my more recent views. I will address this in a future post.

NARTH's Tax Exempt Status: Do They Care?

Typical of NARTH, much of the world is talking about them and they haven’t made a public comment on the loss of their tax exempt status. I have heard from people who have written them and the response from NARTH is to claim there is a mistake and they anticipate maintaining their status.
Maintaining, of course, is not the right word since they don’t have it now. They would have to regain it which is possible but involves re-submitting applications and paying fees. If there is some reason why they did not file that would be acceptable to the IRS then they might get the status retroactively. However, I imagine it would have to be a pretty good story.
This means that donations made to NARTH are not tax deductible and there is pretty good chance that donations made now never will be deductible until they regain their status. However, they have offered no official recognition or advisory notice on their website so that donors are warned. Donors who attempt to deduct gifts to a non-eligible organization are subject to penalty.
Here’s another thing, thus far, I know of no religious media source who has written about this. While I can imagine that they might not want to write an embarrassing article, they are not helping their readers.
Last week, I asked NARTH’s Executive Secretary David Pruden for a comment or reaction but thus far, silence.
UPDATE: Surprisingly, One News Now (AFA) covered this story. And they quote someone who knows all about losing one’s IRS status – Peter LaBarbera. Not letting a crisis go to waste, LaBarbera makes the IRS action about government persecution. However, his own group which is even more anti-gay than NARTH got their non-profit status back after filing the necessary papers.
It still seems odd that NARTH did not comment on their status even in what is a friendly venue for them.

NARTH Loses Tax Exempt Status (UPDATED)

In September 2012, the tax exempt status of the National Association for the Research and Therapy of Homosexuality (NARTH) was revoked due to failure to file Form 990 for three consecutive years. The notice of revocation was yesterday according to the IRS website.

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Even though the full name of the organization is not listed, the Employee Identification Number and address match up with the 2009 990 form. A call to the IRS also confirmed it.

NARTH’s website advises prospective donors that their donations will be tax deductible but it appears such deductions after September 15, 2012 may not be allowed.

It is difficult to know what this means. NARTH has never been a wealthy organization and conference attendance has declined in recent years. Members are hoping to maintain their ability to conduct reparative therapy with minors in CA via lawsuits against the state to overturn SB 1172 (see this article for more on SB 1172 and then NARTH’s perspective). NARTH has been actively soliciting donations to help support their legal actions. One would not be able to tell from the website that those donations are not deductible.

UPDATE (3/14/13) – I have heard from two commenters and other reliable sources that NARTH continues to tell those who inquire that donations are still deductible. However, according to an IRS representative I spoke with on Tuesday, their status is revoked and there has been no action from NARTH to attempt to reinstate that status. As is typical for NARTH, there has been no on-the-record comment on this situation, despite requests.

PATH Member PFOX Files Amicus Brief in the Prop 8 Case

Citing the “change is possible” mantra, PFOX has filed an amicus brief in the Prop 8 case arguing against marriage rights for gays. This is not surprising but I have some observations about their strategy.
In this brief, PFOX continues its odd logic of considering ex-gays to be a protected class while at the same time hoping to remove/prevent protected class status for gays. On page 4, the brief asserts:

Government authorities and other organizations recognize ex-gays as a group which undermines the assertion that sexual orientation is immutable.

The brief continues to cite dubious cases where PFOX claims that ex-gays are recognized as a protected class.
I have never understood why PFOX thinks this strategy helps them. Even if PFOX is correct about their interpretation of those cases, all of the organizations involved also recognize gays as a class. Furthermore, if ex-gays can be recognized as a protected class while they have a changeable sexual orientation, then the issue of mutability of sexual orientation is irrelevant. Taken to logical conclusion, this argument supports equal protection under the law for gays. Since ex-gays already have the right to marry, why shouldn’t gays?
Then, on page 6, PFOX unveils the list of sexual reorientation groups and includes Richard Cohen’s testimony. This makes it clear that the reparative therapists who say they just want to be able to work with unwanted SSA have taken their stand that they are about more than just a therapeutic approach.

Voices of Change – Are They Real?

UPDATE: The Voices of Change website managers (David Pickup and/or Arthur Goldberg) have removed the post referenced below. Here is a screen cap of the section which mentioned Andrew Marin. There is no explanation or note about  why the post from December 31 has been removed. What is also odd to me is that the other posts from AJAX are still up. Seems like doubt has now been cast on the other entries from that person.
Also, Andrew provided even more detail of his denial of the AJAX post on his site today.
ajaxvoicesofchange
One of the reactions by change therapist to recent challenges in court and state legislatures is a website called Voices of Change. VOC is managed by NARTH’s David Pickup and features testimonials of change and reparative therapy.  Many of the stories sound like textbook renditions of reparative drive theory and the most recent blog entry caught my eye as being unlikely. Someone named AJAX wrote on December 31, 2012:

The idea of therapy for straightening myself out didn’t occur to me till college, when I stumbled upon my roommate’s internet browsing history. Relief is an obscene understatement for my response to the revelation that I wasn’t the only man with unwanted SSA. When I confessed to my roommate that I shared his struggle, he referred me to The Marin Foundation, a Chicago-based organization who bring a Biblical, research-based message of hope and freedom to the gay community: http://www.themarinfoundation.org/
I met with Andrew Marin weekly for the duration of my college career. I appreciated his insight on owning my masculinity and getting over the triggering neurotic thought loops; I still use the techniques and exercises he taught me.

Andrew Marin, a reparative therapist? None of what AJAX says happened at the Marin Foundation rang true so I asked Andrew about it. Here is Andrew’s response:

Since its inception in 2005 The Marin Foundation, nor any of its past or current employees, promote, recommend, assist or have assisted any LGBT people in “reparative therapy.” The Marin Foundation does not believe in the merits of “reparative therapy,” and have seen first hand, including by some of our LGBT employees, the extreme shame and damaged caused by such “therapy.” Anything to the contrary of what I, Andrew Marin, have just stated is a lie.

As a bridge building organization between the LGBT and conservative communities, I, Andrew Marin, am in deep relationship on a daily basis with people from all different shades of faith and sexuality–including those who consider themselves LGBT atheists all the way to those who consider themselves ex-gay. But let me reiterate, I have never engaged anyone in a “reparative therapy” context with any goal of “changing from gay to straight.” I do not believe any amount of “reparative therapy” can change someone from “gay to straight.”
-Andrew Marin, President and Founder of The Marin Foundation (www.themarinfoundation.org)

Andrew confirmed that he did not meet with anyone regularly to bolster masculinity or work through neurotic loops.
While I don’t know who AJAX is so it is hard to make a definitive statement about the rest of what he says, I can say I believe Andrew’s statement. And if what AJAX says about Andrew is off, then what should we believe about the rest of it? How about on the rest of the site?
I recognize that AJAX is one unnamed person among many on this site, but the inconsistency in his account does not provide confidence in the other stories where the identity of the person is obscured.
My critics may dismiss this by claiming I disregard any story of change but that would be untrue. However, too many claims of change later turn out to be made up or embellished. Pointing this out should not lead to an attack on the messenger but a re-evaluation of the message.