Sponsor: CA Conversion Therapy Bill Won't Ban Books or the Bible

Some conservative pundits are worried that a bill moving to the California State Senate will ban the Bible or at least some Christian books. Upon examination, I don’t see a basis in fact for that claim.
The bill is AB 2943 and would amend state law on unlawful business practices with a prohibition on performing sexual orientation change therapy for a fee. A fact sheet for the bill provided by bill sponsor Assemblyman Evan Low can be viewed at the link below.

Fact Sheet on AB 2943

Liberty Counsel has been spreading the view that the Bible would be banned by the bill and National Review’s David French has made a serious case that the bill would lead to a ban on certain Christian books.  Essentially, they say that the current law prohibits the sale of “goods” which result in harm from being sold. They argue that books which promote changes in behavior away from homosexual behavior even if the goal is celibacy might be considered within the reach of the statute since the statute defines sexual orientation change as including “efforts to change behaviors or gender expressions.”
Since the entire bill is about sexual orientation change, it seems clear to me that the reference to behavior change is due to the practice of some change therapists to get gay clients to engage in heterosexual behaviors even when it doesn’t seem natural as a kind of behavior therapy. This isn’t a reference to celibacy – which by the way doesn’t reflect a change in orientation.
In fact, the next section of the bill says that sexual orientation change efforts as defined by the statute don’t include interventions which:

(A) provide acceptance, support, and understanding of clients or the facilitation of clients’ coping, social support, and identity exploration and development, including sexual orientation-neutral interventions to prevent or address unlawful conduct or unsafe sexual practices; and (B) do not seek to change sexual orientation.

Clients who decide to live a celibate life can count on a counselor’s help as long as those interventions are neutral regarding change of orientation.

Does the Bill Ban Books?

I wrote Assemblyman Evan Low to ask if AB 2943 prohibited the sale of books or videos promoting conversion therapy by therapists. I also asked if the amended law would prohibit the sale of religious books or videos which advocate that gays should change their sexual orientation by religious means. Finally, I asked if AB 2943 prohibited the sale of books or videos promoting celibate behavior for gays as a way to adhere to religious beliefs.
Low’s Communications Director Maya Polon wrote back to answer all three questions negatively. According to the sponsor, the bill doesn’t relate to books or speech. I followed up by asking if any of the unlawful business practices has ever led to the banning of any books or speech. She wrote back to say that she wasn’t aware of any instance where books about any those practices have been banned. I also asked Mr. French via Twitter if he was aware of books banned in CA due to the unlawful practices law but have not heard back from him as yet.
A few days ago Evan Low responded to this issue via Twitter:


I haven’t decided what I think of the bill yet but unless this part of the law has ever been used to try to ban books before, then it doesn’t seem to be a serious reason to oppose it now. There is a lot wrong with conversion therapy but generally I favor more freedom not less. What makes me think this could be a reasonable response to the harm reparative therapy can do is that there is nothing in the bill that stops a person from trying to make personal changes outside of a professional context. Furthermore, I don’t see how the bill prohibits counselors from helping clients who pursue celibacy. However, it does remove the stamp of approval of the mental health professions for change therapy.

Uganda: Members of Parliament Call for Another Anti-Homosexuality Bill

Yesterday members of Uganda’s Parliament called for legislation akin to the failed Anti-Homosexuality Act 2014. Beginning in 2009, Uganda had the world’s attention as the nation’s Parliament debated a bill which would have implemented the death penalty for repeat instances of same-sex behavior between consenting adults. A slightly modified bill finally passed in 2013 only to be struck down by a Ugandan court in 2014.

In protest, nations around the globe cut off aid to Uganda and President Obama and Secretary of State Hillary Clinton denounced the bill at the 2010 prayer breakfast. Evangelicals were divided over the bill with some giving quiet support to the evangelical parliamentarians in Uganda. Others, like Rick Warren, criticized the bill and urged Ugandan pastors to come out against it. See the end of this post for more reading on the issue. I wrote scores of articles about the bill and came out strongly against it.

A New Anti-Homosexuality Bill?

After speaking out against same-sex marriage at the March Inter-Parliamentary Union conference, members of Parliament passed a commendation of Speaker Rebecca Kadaga.


Here is Kadaga at the IPU meeting:

The recognition of Kadaga Wednesday led to other members of Parliament making statements about a need for a new law against homosexuality.


That homosexuality spreads “like a wild fire” is just one of many misconceptions which members of Parliament use to generate support for their efforts. As a response to a request from President Museveni for scientific information relating to homosexuality, Jack Drescher and I wrote a scientific consensus letter in 2014 which was signed by over 200 scholars and sex researchers. I would like to think it helped but he signed the bill anyway. Furthermore, when I read these statements from the Parliament, I can see we have more work to do.

Additional Reading

Scientific Consensus Statement

History of Uganda’s Anti-Gay Bill – NPR

Uganda Anti-Homosexuality Bill Inspired by American Evangelicals  – Daily Beast

My Salon series about a Nevada church who dropped support of a Uganda missionary over the bill

Straight Man’s Burden – Harpers

The Bill Inspired by American Evangelicals – The Atlantic

All posts about Uganda

Family Policy Alliance Misleads Public on Conversion Therapy Legislation

To hear Focus on the Family’s public policy arm, Family Policy Alliance, talk about it, the opponents of forcing teens to go to sexual orientation change efforts (aka conversion therapy) don’t want kids to go to counseling. Listen to Stephanie Curry use the phrase “basic talk therapy” like it is her job (which in this case it is).

Transcript:

Hi, I’m Stephanie Curry and I’m a public policy manager with Family Policy Alliance. I’m here today to talk to you about a series of bills that we’re seeing across the country that would seek to ban basic talk therapy for our children. Family Policy Alliance cares about this issue because we care about our children and that they’re able to have access to basic talk therapy if they are struggling with unwanted same-sex attraction and gender identity issues. We believe that families and parents know what’s best for their children and they should have the ability to find licensed therapists that support their moral and religious principles.
Some bills we’re seeing that are cause for concern are for example a bill in Massachusetts that said it was child abuse for a family to take their child to a therapist to get therapy for their unwanted same-sex attractions or gender identity issues. We also have seen a bill in Massachusetts that equates this type of basic talk therapy to torture. Now we know that this isn’t true. Because we love our children, we want them to have access to compassionate and ethical basic talk therapy that is open to change. Thank you so much for joining us today.

The Basic Talk Therapy Bill

In fact, the only bill I could find in MA did not refer to therapy as child abuse or torture. The bill does not prohibit basic talk therapy. The 2017 bill — H1190 — specifically forbids interventions which serve sexual reorientation or gender identity change. However, the bill does allow a neutral exploration of sexual and gender identity issues.
Read the the bill below:

SECTION 1. Chapter 112 of the General Laws, as appearing in the 2014 Official addition, is hereby amended by adding following new section:-
Section 266. (a) Definitions.
For the purposes of this section, “licensed professional” means any licensed medical, mental health, or human service professional licensed under Chapter 112, including any psychologist, psychiatrist, social worker, psychiatric nurse, allied mental health and human services professional, licensed marriage and family therapist, licensed rehabilitation counselor, licensed mental health counselor, licensed educational psychologist, or any of their respective interns or trainees, or any other person designated or licensed as a mental health or human service professional under Massachusetts law or regulation.
The term “sexual orientation” shall mean having an orientation for or being identified as having an orientation for heterosexuality, bisexuality, or homosexuality.
The term “Gender identity” shall mean a person’s gender-related identity, appearance or behavior, whether or not that gender-related identity, appearance or behavior is different from that traditionally associated with the person’s physiology or assigned sex at birth. Gender-related identity may be shown by providing evidence including, but not limited to, medical history, care or treatment of the gender-related identity, consistent and uniform assertion of the gender-related identity or any other evidence that the gender-related identity is sincerely held as part of a person’s core identity; provided, however, that gender-related identity shall not be asserted for any improper purpose.
“Sexual orientation and gender identity change efforts” means any practice by a licensed professional that attempts or purports to impose change of an individual’s sexual orientation or gender identity, including but not limited to efforts to change behaviors or gender expressions, or to eliminate or reduce sexual or romantic attractions or feelings toward individuals of the same sex. The term “sexual orientation and gender identity change efforts” does not include practices:
(A)(1) to provide acceptance, support, and understanding of an individual’s sexual orientation, gender identity, or gender expression; (2) facilitate an individual’s coping, social support, and identity exploration and development; or (3) that are sexual orientation-neutral or gender identity-neutral including interventions to prevent or address unlawful conduct or unsafe sexual practices; and
(B) Do not attempt or purport to impose change of an individual’s sexual orientation or gender identity.
(b) Under no circumstances shall a licensed professional advertise for or engage in sexual orientation and gender identity change efforts with a patient less than 18 years of age. Any licensed professional violating this prohibition shall be such subject to discipline by the appropriate licensing board, which may include suspension or revocation of license.
(c) Whoever violates this section shall be considered to have violated section 2 of chapter 93A. Any such claim brought under this section shall be subject to sections 5A and 7 of chapter 260.
SECTION 2. (a) Subsection (a) of Section 51A of chapter 119 of the General Laws, as appearing in the 2010 Official addition, is hereby amended by inserting after the words “chapter 233” the following words:-
or (vi) being subjected to sexual orientation and gender identity change efforts as defined by section 169 of chapter 112
(b) Section 51A of chapter 119 is further amended in subsection (i) after the word “family.” by adding the following words:-
Any report including licensed professionals engaging in sexual orientation and gender identity change efforts as defined under section 169 of chapter 112 shall be filed within 30 days to the appropriate licensing board for review and possible suspension or revocation of license.

Therapists Should Be Neutral

Religious right pundits have been distorting these bills since they first came along. The MA bill clearly allows “basic talk therapy” which “provide[s] acceptance, support, and understanding of an individual’s sexual orientation, gender identity, or gender expression” and “facilitate[s] an individual’s coping, social support, and identity exploration and development” or “that [is] sexual orientation-neutral or gender identity-neutral including interventions to prevent or address unlawful conduct or unsafe sexual practices.”
Therapist should facilitate coping, social support and identity exploration and do so in a neutral manner. Therapists should not try to push sexual reorientation.
As a result of supportive therapy, some teens will determine that they are straight or cisgender and others will come out as a sexual minority. Such therapy is legal under this bill. Religious therapists should be perfectly fine with this arrangement. Therapy should not be a platform for spreading religious beliefs or making clients into Christian disciples.
What the state of MA is trying to prevent is for a therapist to use the cover of a state license to pursue sexual orientation or gender identity change. Therapists may do many things to support families who are traditional in their beliefs, but under a law like this, they may not actively use techniques or prescribe methods which have the intent to change orientation. Given that those techniques rarely, if ever, work, this would be beneficial for teens on balance.

Yesterday, Liberty Counsel Celebrated Christian Freedom Day

Yesterday, like presidents before him, President Trump issued a proclamation commemorating Thomas Jefferson’s work in writing Virginia’s

Cover of Getting Jefferson Right, used by permission
Cover of Getting Jefferson Right, used by permission

Statute for Religious Freedom (full text here) which was adopted by the Virginia legislature on January 16, 1786. The law ended the establishment of the Anglican church in Virginia and recognized freedom of conscience in the state.
Jefferson meant for that freedom of conscience to extend beyond Christian denominations to all religions or none. However, ultra-conservative Liberty Counsel does not appear to recognize the breadth of Jefferson’s work. In their press release, the Statute on Religious Freedom is described as follows:

Religious Freedom Day is celebrated in America each year on January 16 to commemorate the 232nd anniversary of the passing of the 1786 passage of Thomas Jefferson’s Virginia Statute of Religious Freedom that ended the state-established church in Virginia, finally protecting religious rights for all denominations. The Anglicans had fined, persecuted, jailed and murdered Christians who were not part of the state-established church. However, Jefferson, a lifelong fervent advocate for the rights of religious liberty and religious conscience, worked hard to protect and defend those Christians. (emphasis added)

Liberty Counsel’s presser refers to denominations of Christianity and to Jefferson’s work to defend Christians. In the past, Liberty Counsel chairman Mat Staver has questioned the status of Islam as a religious worthy of First Amendment protection. Staver is also of the David Barton school of thought regarding the First Amendment — that the purpose of it was to prevent a Christian denomination from being established. In other words, when the First Amendment says religion, it means Christianity.

What Did Jefferson Mean?

In fact, there was an effort in the Virginia legislature to limit the scope of Virginia’s statute to Christians during debate on the bill. Jefferson wrote about it in his autobiography:

The bill for establishing religious freedom, the principles of which had, to a certain degree, been enacted before, I had drawn in all the latitude of reason & right. It still met with opposition; but, with some mutilations in the preamble, it was finally past; and a singular proposition proved that it’s protection of opinion was meant to be universal. Where the preamble declares that coercion is a departure from the plan of the holy author of our religion, an amendment was proposed, by inserting the word “Jesus Christ,” so that it should read “departure from the plan of Jesus Christ, the holy author of our religion” the insertion was rejected by a great majority, in proof that they meant to comprehend, within the mantle of it’s protection, the Jew and the Gentile, the Christian and Mahometan [Islam], the Hindoo, and infidel of every denomination.

According to Jefferson, the effort did not succeed. He meant his religious freedom bill to cover all people, of all religious ideas or no religious ideas.

What Religious Freedom Really Means Now

Ultimately, religious freedom at this particular time for this particular group means the freedom to discriminate against people, usually GLBT people in providing public services. In general, I think those who provide services to the public should provide them to GLBT people, even if they personally disagree with some aspect of those they serve.
But that’s just me and my beliefs. I know others believe differently, and the beauty of this nation is that they are free to believe it. What we will find out over the next few years is if they are free to discriminate based on that belief.

Top Ten Blog Posts of 2017

In 2017, the following ten posts received the most page views:
10. K-LOVE’s Pledge Drive: Money Behind the Music (2017)
9. Former Newsping Pastor Perry Noble Incorporates Second Change Church (2017)
8. American College of Pediatricians v. American Academy of Pediatrics: Who Leads and Who Follows? (2011)
7. After the Demise of Mars Hill Church Mark Driscoll Landed on His Feet with Over One Million in Donations (2017)
6. IRS and Postal Service Agents on Scene at Benny Hinn’s Office (2017)
5. Mark Driscoll Spins the End of Mars Hill Church (2017)
4. A Major Study of Child Abuse and Homosexuality Revisited (2009)
3. Former CFO at Turning Point Claims David Jeremiah Used Questionable Methods to Secure a Spot on Best Seller Lists (2015)
2. What’s Going on at Harvest Bible Fellowship? James MacDonald Resigns as President of HBF (2017)
and the #1 post is:

  1. Open Letter to Gateway Pastor Robert Morris from a Former Member of Mars Hill Church (2014)

 
Some past posts have aged well. The 2009 post regarding child abuse and non-heterosexuality has been in the top ten nearly every year since 2009.counseling image 2 Readers continue to be interested in Mars Hill Church and various players surrounding the demise of that church.
Although the page views don’t show it, the story that continues to be covered here and almost nowhere else is the Gospel for Asia saga. The target of federal scrutiny and two RICO lawsuits in the U.S., GFA has also initiated and been involved in various legal actions in India. Although the scope of the GFA empire dwarfs other organizations I have examined, it continues to fly along under the radar.
For a profile of my work and the role blogging has played in it, see this lengthy article by Jon Ward in Yahoo News earlier this month.

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The learn more about the sexual identity therapy framework, go here.