Happy Friday, people! We hear this weekend may bring a snowstorm to the middle of the country–so it’s the perfect time to cozy up inside with a good book or an edition of RantCrush. Stay warm and enjoy the last entry of the week!

Malta Criminalizes Conversion Therapy

As America gets ready to inaugurate a new Vice President who has supported conversion therapy, Malta becomes the first European country to criminalize the practice. The new law also supports transgender rights. It will punish anyone advertising or performing the controversial therapy with fines or jail time, and it states: “No sexual orientation, gender identity or gender expression constitutes a disorder, disease or shortcoming of any sort.”

#SoProud of #Malta the land of my ancestors! Malta Outlaws ‘Conversion Therapy,’ a First in Europe https://t.co/NMZwKPKZ0j

— Joseph Gatt (@MeetJoeGatt) December 8, 2016

This is amazing news and hopefully will become the norm everywhere. The Mediterranean island of Malta is the smallest country in the European Union with only 420,000 citizens, but it is really progressive when it comes to LGBT rights and has been called the most gay-friendly nation in Europe.

Emma Von Zeipel

Emma Von Zeipel is a staff writer at Law Street Media. She is originally from one of the islands of Stockholm, Sweden. After working for Democratic Voice of Burma in Thailand, she ended up in New York City. She has a BA in journalism from Stockholm University and is passionate about human rights, good books, horses, and European chocolate. Contact Emma at EVonZeipel@LawStreetMedia.com.

The post RantCrush Top 5: December 9, 2016 appeared first on Law Street.

A new report entitled “Ending Conversion Therapy: Supporting and Affirming LGBTQ Youth” was just released by the Substance Abuse and Mental Health Services Administration (SAMHSA) today, calling for an end to the use of conversion therapy on LGBTQ+ youth. While the Obama Administration has been calling for an end to this type of therapy since last year, and legislation against it has made it through a few state legislatures, this report is another major step toward ensuring that young people are no longer subjected to the harmful and inappropriate practice.

Conversion therapy, sometimes referred to a reparative or sexual reorientation therapy, is a widely discredited practice that attempts to “change” an individual’s sexual orientation or gender identity. It is derived from the incredibly inaccurate, but once widely believed, premise that LGBTQ individuals are suffering from disorders and need to be “cured.” According to the Southern Poverty Law Center, it can include practices such as “violent role play, reenactment of past abuses, and exercises involving nudity and intimate touching.” It can lead to increased anxiety, depression, and in some cases, be a catalyst for suicidal tendencies.

It has been condemned by major health and psychological organizations, including the American Medical Association, the American Psychiatric Association, and the American Academy of Pediatrics. However, it has only expressly been made illegal by four states–California, New Jersey, Illinois, and Oregon–as well Washington D.C. Legislation to end this practice has been introduced in 21 states. The hope appears to be that this report will spark even more action.

SAMHSA Special Expert on LGBT Affairs Elliot Kennedy explained the major takeaway of the report saying:

Conversion therapies or other efforts to change sexual orientation, gender identity or gender expression are not effective, reinforce harmful gender stereotypes and are not appropriate mental health treatments.

Kennedy also told Reuters Health that “variations in sexual orientation, gender identity and gender expression are normal.”

The recent, highly-publicized death of Leelah Alcorn, a 17-year-old transgender woman who committed suicide after her parents forced her to attend conversion therapy, particularly incited calls for change. The Obama administration responded with a statement that supported ending the use of this therapy for minors. This SAMHSA report is another step toward ending the clearly harmful practice, but it’s also still not enough. Until no more young people are objected to the kind of abuse and unethical practices that Alcorn was, there is still more work to do.

Anneliese Mahoney

Anneliese Mahoney is Managing Editor at Law Street and a Connecticut transplant to Washington D.C. She has a Bachelor’s degree in International Affairs from the George Washington University, and a passion for law, politics, and social issues. Contact Anneliese at amahoney@LawStreetMedia.com.

The post Federal Report Calls for an End to LGBTQ Conversion Therapy appeared first on Law Street.

Conversion therapy is a discredited practice that has been used on those who identify as LGBT. California has banned conversion therapy–even though challenges to the ban made it all the way to the Supreme Court. New Jersey has also outlawed the practice. Now, conversion therapy has hit a bump in another court, albeit a very interesting one. Conversion therapy practices are going to have a very hard time operating in New Jersey after a ruling by the consumer fraud court.

Conversion therapy is based on the idea that homosexuality, or basically anything that is not heterosexuality, is a “disorder” that can be cured. That’s, of course, an antiquated, unscientific, and horrifying view. Homosexuality was removed from the DSM (the guide to classifying psychological disorders) in 1973, but that just means that people can’t be diagnosed with any sort of disorder related to homosexuality.

What the DSM removal didn’t do was prevent anyone from calling homosexuality a disorder–there was no law against that. So conversion therapy practice capitalized on that discrepancy and advertised that they could “cure” anyone who identified as LGBT. In a lawsuit that was decided this week, the Southern Poverty Law Center (SPLC) filed a suit against the New Jersey-based Jews Offering New Alternatives for Healing (JONAH). SPLC brought the suit on behalf of four men who claim that they were subjected to awful treatment by JONAH. They report details incidents of abuse, or reenacting past abuse, and role-playing abuse.

The suit was brought under the contention that JONAH advertising classified homosexuality as a disorder, which violates the Consumer Fraud Act. Superior Court Judge Peter F. Bariso Jr. ruled that it did violate the CFA. This is a groundbreaking ruling in an interesting context because it is the first time that an American court of any kind has ruled that homosexuality isn’t a mental disease. Bariso also ruled that in addition to incorrectly characterizing homosexuality as a mental illness, JONAH also defrauded consumers by advertising that they had “success” statistics. He had earlier ruled that JONAH could not bring forward expert witnesses who would argue in favor of conversion therapy, because their theories would be outdated and refuted.

The SPLC applauded Bariso’s decision; David Dinielli, the SPLC’s legal director stated:

For the first time, a court has ruled that it is fraudulent as a matter of law for conversion therapists to tell clients that they have a mental disorder that can be cured. This is the principal lie the conversion therapy industry uses throughout the country to peddle its quackery to vulnerable clients. Gay people don’t need to be cured, and we are thrilled that the court has recognized this.

This judgment was made as part of an ongoing lawsuit in which the plaintiffs are seeking damages for the abuse levied against them. The trial will be this summer; this ruling is just part of preliminary matters. Eventually it will be up to a jury to decide. That being said, these preliminary matters are a great step in the right direction. Hopefully the men wronged by JONAH will get the ruling they deserve.

Anneliese Mahoney

Anneliese Mahoney is Managing Editor at Law Street and a Connecticut transplant to Washington D.C. She has a Bachelor’s degree in International Affairs from the George Washington University, and a passion for law, politics, and social issues. Contact Anneliese at amahoney@LawStreetMedia.com.

The post Landmark Ruling Against Gay Conversion Therapy in NJ Court appeared first on Law Street.

Despite the uproar about some of the Supreme Court’s latest rulings, there was also recently a lesser-known progressive SCOTUS decision that deserves applause. The court decided to not hear two related challenges–Pickup v. Brown and Welch v. Brown–to California’s ban on LGBT conversion therapy. The Pickup suit was brought by David Pickup, a therapist and spokesperson for the National Association for Research & Therapy of Homosexuality (NARTH); the plaintiff in the Welch case was Donald Welch, a San Diego pastor. The two suits were backed by religious and anti-LGBT groups in California, but because of SCOTUS’s dismissal, the ban on conversion therapy will go into effect.

In both Pickup and Welch, the plaintiffs claimed that developing adolescents have the choice between heterosexuality or homosexuality. They not only see LGBT orientation as a choice, but also as one that can be corrected and changed with treatment. These suits attested that the minors this ban applies to can reject their unwanted urges. They argue that counselors can help these children in the same way that fitness trainers and nutritionists help people who struggle with their weight. From this point of view, the plaintiffs argued that the ban violated the “constitutional rights of the counselors or parents.“

But what about the rights of the minors? Why weren’t they the ones being discussed in the appeal? Overall, the cases seemed to bypass the minors, who would actually be receiving this conversion therapy, and discussed mostly the rights of their narrow-minded parents or “counselors.” The appeal did claim that the minors firmly believed their same-sex attractions were wrong, unwanted, and correctable. But that being said, those minors could have also been heavily influenced by their families, conversion therapists, and others. It’s easy to agree that your sexual attractions are wrong when the adults you look up to–parents, societal leaders, and religious authorities–are telling you that you’re wrong.

There are also many scientific flaws in conversion therapy. Dr. Jack Drescher MD, a distinguished Fellow of the American Psychological Association, states, “not only is homosexuality ‘not a choice,’ as most efforts to try and change a person’s sexual orientation fail, but some attempts to change can cause harm or damage to an individual’s well-being.” Studies have found that there are no “methodologically sound” studies to support the use of sexual orientation conversion therapy, thus discounting any scientific proof to support these practices.

Furthermore, science has proven that, besides being completely ineffective at converting someone’s sexuality, these therapy techniques can result in permanent psychological and emotional damage to LGBT youth. Instances of societal prejudice and familial rejection have resulted in LGBT youth being nearly six times as likely to report high levels of depression, and more than eight times as likely to have attempted suicide. The pressure that closeted LGBT kids face from family to reject their feelings can be confusing and traumatic. Openly gay youths, or those that have admitted their urges and sought advice from parents, can be met with furious disgust, and even disowned. These reactions, especially from the people that are supposed to provide unconditional love, can be heartbreaking and life-threatening. Conversion therapy only prolongs and falsely validates these reactions.

This issue is tied to the Hobby Lobby case in a way, because some critics were worried that the precedent set in Hobby Lobby would “open the floodgates” to suits from companies asking for religious exceptions to laws. Fortunately, the judges explicitly stated in their decision that their ruling was unique to the specific contraceptive case. The decisions in Pickup and Welch serve as some indication that that will hold true. The Court’s decision not to hear those cases was handed down just moments before the Hobby Lobby decision, possibly proving that religious challenges are not going to end up a SCOTUS free-for-all. While Hobby Lobby certainly made more headlines, Pickup and Welch are incredibly important as well.

The decision on behalf of the Supreme Court not to hear the religious appeal to the ban on LGBT conversion therapy was not only a victory for gay, lesbian and transgender rights advocates, but also set an important legal precedent. In refusing the appeal, the court allowed the official prohibition to finally be enforced in California after being held up by these law suits. This law was the first of its kind, signed back in 2012, and was followed by similar legislation in New Jersey about a year later. In my opinion, no one can use guilt and anxiety to induce change, and call it therapy or counseling. In my book, and fortunately the Supreme Court’s as well, they’re just plain wrong.

—

Erika Bethmann (@EBethmann) is a New Jersey native and a Washingtonian in the making. She is passionate about travel and international policy, and is expanding her knowledge of the world at George Washington University’s Elliot School of International Affairs. Contact Erika at staff@LawStreetMedia.com.

Featured image courtesy of [@mjb via Flickr]

Erika Bethmann

Erika Bethmann is a New Jersey native and a Washingtonian in the making. She is passionate about travel and international policy, and is expanding her knowledge of the world at George Washington University’s Elliot School of International Affairs. Contact Erika at staff@LawStreetMedia.com.

The post Good Call, SCOTUS: Conversion Therapy Banned in California appeared first on Law Street.