Bill > S399

Introduced Session

AN ACT CONCERNING THE PROTECTION OF MINORS AND ADULTS WHO HAVE DISABILITIES FROM ATTEMPTS TO CHANGE SEXUAL ORIENTATION AND GENDER IDENTITY. Whereas, contemporary science recognizes that being lesbian, gay, bisexual, or transgender is part of the natural spectrum of human identity and is not a disease, disorder, or illness; and Whereas, the American Psychological Association convened a Task Force on Appropriate Therapeutic Responses to Sexual Orientation (Task Force). The Task Force conducted a systematic review of peer-reviewed journal literature on sexual orientation change efforts and issued a report on those efforts in 2009. The Task Force 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 self-hatred, hostility and blame towards 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 resources; and Whereas, in 2009, the American Psychological Association issued a resolution on Appropriate Affirmative Responses to Sexual Orientation Distress and Change Efforts, stating: "[T]he [American Psychological Association] advises parents, guardians, young people, and their families to avoid sexual orientation change efforts that portray homosexuality as a mental illness or developmental disorder and to seek psychotherapy, social support, and educational services that provide accurate information on sexual orientation and sexuality, increase family and school support, and reduce rejection of sexual minority youth."; and Whereas, the American Psychiatric Association published a position statement in March of 2000 in which it stated the following: "Psychotherapeutic modalities to convert or 'repair' homosexuality are based on developmental theories whose scientific validity is questionable. Furthermore, anecdotal reports of 'cures' are counterbalanced by anecdotal claims of psychological harm. In the last four decades, 'reparative' therapists have not produced any rigorous scientific research to substantiate their claims of cure. Until there is such research available, [the American Psychiatric Association] recommends that ethical practitioners refrain from attempts to change individuals' sexual orientation, keeping in mind the medical dictum to first, do no harm."; and Whereas, in 2013, the American Psychiatric Association stated: "The American Psychiatric Association does not believe that same-sex orientation should or needs to be changed, and efforts to do so represent a significant risk of harm by subjecting individuals to forms of treatment which have not been scientifically validated and by undermining self-esteem when sexual orientation fails to change. No credible evidence exists that any mental health intervention can reliably and safely change sexual orientation; nor, from a mental health perspective does sexual orientation need to be changed."; and Whereas, in 1993, the American Academy of Pediatrics published an article in its journal, Pediatrics, stating: "Therapy directed at specifically changing sexual orientation is contraindicated, since it can provoke guilt and anxiety while having little or no potential for achieving changes in orientation."; and Whereas, in 1994, the American Medical Association Council on Scientific Affairs prepared a report, stating: "Aversion therapy (a behavioral or medical intervention which pairs unwanted behavior, in this case, homosexual behavior, with unpleasant sensations or aversive consequences) is no longer recommended for gay men and lesbians. Through psychotherapy, gay men and lesbians can become comfortable with their sexual orientation and understand the societal response to it."; and Whereas, the National Association of Social Workers prepared a 1997 policy statement, stating: "Social stigmatization of lesbian, gay, and bisexual people is widespread and is a primary motivating factor in leading some people to seek sexual orientation changes. Sexual orientation conversion therapies assume that homosexual orientation is both pathological and freely chosen. No data demonstrates that reparative or conversion therapies are effective, and, in fact, they may be harmful."; and Whereas, the American Counseling Association Governing Council issued a position statement in April of 1999, stating: "We oppose 'the promotion of "reparative therapy" as a "cure" for individuals who are homosexual.'"; and Whereas, in 2012, the American Academy of Child and Adolescent Psychiatry published an article in its journal, Journal of the American Academy of Child and Adolescent Psychiatry, stating: "Given that there is no evidence that efforts to alter sexual orientation are effective, beneficial or necessary, and the possibility that they carry the risk of significant harm, such interventions are contraindicated."; and Whereas, in 2012, the Pan American Health Organization, a regional office of the World Health Organization, issued a statement, stating: "These supposed conversion therapies constitute a violation of the ethical principles of health care and violate human rights that are protected by international and regional agreements."; and Whereas, in 2014, the American Association of Sexuality Educators, Counselors, and Therapists (AASECT) issued a statement, stating: "[S]ame sex orientation is not a mental disorder and we oppose any 'reparative' or conversion therapy that seeks to 'change' or 'fix' a person's sexual orientation…Reparative therapy (for minors, in particular) is often forced or nonconsensual. Reparative therapy has been proven harmful to minors. Reparative therapy has been shown to be a negative predictor of psychotherapeutic benefit."; and Whereas, in 2015, the American College of Physicians issued a position paper, stating: "The College opposes the use of 'conversion,' 'reorientation,' or 'reparative' therapy for the treatment of LGBT persons…Available research does not support the use of reparative therapy. Evidence shows that the practice may actually cause emotional or physical harm to LGBT individuals, particularly adolescents or young persons."; and Whereas, a 2018 study by the Family Acceptance Project found the following: "Rates of attempted suicide by LGBT young people whose parents tried to change their sexual orientation were more than double (48%) the rate of LGBT young adults who reported no conversion experiences (22%). Suicide attempts nearly tripled for LGBT young people who reported both home-based efforts to change their sexual orientation by parents and intervention efforts by therapists and religious leaders (63%)." "High levels of depression more than doubled (33%) for young people whose parents tried to change their sexual orientation compared with those who reported no conversion experiences (16%), and more than tripled (52%) for LGBT young people who reported both home-based efforts to change their sexual orientation by parents and external sexual orientation change efforts by therapists and religious leaders."; and Whereas, a 2019 study by The Trevor Project published in the American Journal of Public Health found that LGBTQ youth who underwent conversion therapy were more than twice as likely to report having attempted suicide and more than 2.5 times as likely to report multiple suicide attempts in the past year compared to those who did not. LGBTQ youth with lower family incomes, from the South, who are Hispanic/Latinx, and who are transgender or nonbinary were overrepresented in reports of undergoing conversion therapy; and Whereas, North Carolina has a compelling interest in protecting the physical and psychological well-being of its citizens, including lesbian, gay, bisexual, and transgender youth, and in protecting its citizens against exposure to serious harms caused by conversion therapy; and Whereas, North Carolina desires to protect its citizens within the State from harmful and discredited efforts to change sexual orientation or gender identity, including so-called "conversion" or "reparative" therapy, because such efforts lack medical justification, are unethical, violate fundamental human rights principles, and put people at risk of suicide and other long-term physical and psychological harms; and Whereas, no other means of protecting citizens from the harms associated with conversion therapy would be effective; Now, therefore,

AI Summary

Jay Chaudhuri (D)*,  Natasha Marcus (D)*,  Natalie Murdock (D)*,  Gale Adcock (D),  Sydney Batch (D),  Michael Garrett (D),  Lisa Grafstein (D),  Julie Mayfield (D),  Graig Meyer (D),  Gladys Robinson (D),  DeAndrea Salvador (D),  Kandie Smith (D),  Joyce Waddell (D), 

Ref To Com On Rules and Operations of the Senate (on 03/30/2023)

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Official Document