Text of US HCR 141 (2012)

IV 112TH CONGRESS 2D SESSION H. CON. RES. 141 Expressing the sense of Congress efforts by mental health practitioners to change an individual’s sexual orientation and gender identity or expres- sion are dangerous and harmful and should be prohibited from being practiced on minors. IN THE HOUSE OF REPRESENTATIVES NOVEMBER 28, 2012 Ms. SPEIER (for herself, Mr. DEUTCH, and Mr. CICILLINE) submitted the fol- lowing concurrent resolution; which was referred to the Committee on Energy and Commerce CONCURRENT RESOLUTION Expressing the sense of Congress efforts by mental health practitioners to change an individual’s sexual orientation and gender identity or expression are dangerous and harmful and should be prohibited from being practiced on minors. Whereas being lesbian, gay, bisexual, transgender, or gender nonconforming is not a disorder, disease, illness, defi- ciency, or shortcoming; Whereas the American Psychological Association, American Psychiatric Association, National Association of Social Workers, American Counseling Association Governing Council, and American Psychoanalytic Association have VerDate Mar 15 2010 23:57 Nov 28, 2012 Jkt 029200 PO 00000 Frm 00001 Fmt 6652 Sfmt 6300 E:\BILLS\HC141.IH HC141 smartinez on DSK6TPTVN1PROD with 2 •HCON 141 IH not found ‘‘conversion’’ or ‘‘reparative’’ efforts to be ef- fective and have found evidence that they are harmful; Whereas the American Academy of Pediatrics, the American Counseling Association, the American Psychiatric Asso- ciation, the American Psychological Association, the American School Counselor Association, the National As- sociation of School Psychologists, and the National Asso- ciation of Social Workers, together representing more than 480,000 health and mental health professionals, have all taken the position that homosexuality is not a mental disorder and thus is not something that needs to be or can be ‘‘cured’’; Whereas the American Psychological Association’s 2009 reso- lution on Appropriate Affirmative Responses to Sexual Orientation Distress and Change Efforts ‘‘concludes there is insufficient evidence to support the use of psy- chological interventions to change sexual orientation’’; Whereas the American Psychiatric Association has opposed since 2000 ‘‘any psychiatric treatment, such as ‘repar- ative’ or conversion therapy, which is based upon the as- sumption that homosexuality per se is a mental disorder or based upon the a priori assumption that a patient should change his/her homosexual orientation’’; Whereas the American Psychological Association’s Task Force on Appropriate Therapeutic Responses to Sexual Orientation’s systematic review of peer-reviewed journal literature on sexual orientation change efforts concluded that sexual orientation change efforts can pose critical health risks to lesbian, gay, and bisexual people, includ- ing confusion, depression, guilt, helplessness, hopeless- ness, shame, social withdrawal, suicidality, substance abuse, stress, disappointment, self-blame, decreased self- VerDate Mar 15 2010 23:57 Nov 28, 2012 Jkt 029200 PO 00000 Frm 00002 Fmt 6652 Sfmt 6300 E:\BILLS\HC141.IH HC141 smartinez on DSK6TPTVN1PROD with 3 •HCON 141 IH esteem and authenticity to others, increased self-hatred, hostility and blame toward parents, feelings of anger and betrayal, loss of friends and potential romantic partners, problems in sexual and emotional intimacy, sexual dys- function, high-risk sexual behaviors, a feeling of being de- humanized and untrue to self, a loss of faith, and a sense of having wasted time and resources; Whereas the American Psychological Association issued a res- olution on Appropriate Affirmative Responses to Sexual Orientation Distress and Change Efforts in 2009 advis- ing parents, guardians, young people, and their families ‘‘to avoid sexual orientation change efforts that portray homosexuality as a mental illness or developmental dis- order and to seek psychotherapy, social support, and edu- cational services that provide accurate information on sexual orientation and sexuality, increase family and school support, and reduce rejection of sexual minority youth’’; Whereas the American Academy of Child and Adolescent Psy- chiatry published an article in 2012 in the Journal of the American Academy of Child and Adolescent Psychiatry stating: ‘‘Clinicians should be aware that there is no evi- dence that sexual orientation can be altered through ther- apy, and that attempts to do so may be harmful. There is no empirical evidence adult homosexuality can be pre- vented if gender nonconforming children are influenced to be more gender conforming. Indeed, there is no medically valid basis for attempting to prevent homosexuality, which is not an illness. On the contrary, such efforts may encourage family rejection and undermine self-esteem, connectedness and caring, important protective factors against suicidal ideation and attempts. Given that there VerDate Mar 15 2010 23:57 Nov 28, 2012 Jkt 029200 PO 00000 Frm 00003 Fmt 6652 Sfmt 6300 E:\BILLS\HC141.IH HC141 smartinez on DSK6TPTVN1PROD with 4 •HCON 141 IH 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.’’; Whereas the National Association of Social Workers prepared a 1997 policy statement in which it stated: ‘‘Social stig- matization of lesbian, gay and bisexual people is wide- spread 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.’’; Whereas the American Counseling Association Governing Council issued a position statement in April of 1999 stat- ing: ‘‘We oppose ‘the promotion of ‘‘reparative therapy’’ as a ‘‘cure’’ for individuals who are homosexual.’ ’’; Whereas the American Psychoanalytic Association updated its position statement in June 2012 on attempts to change sexual orientation, gender, identity, or gender ex- pression, and in it the association states: ‘‘As with any societal prejudice, bias against individuals based on ac- tual or perceived sexual orientation, gender identity or gender expression negatively affects mental health, con- tributing to an enduring sense of stigma and pervasive self-criticism through the internalization of such preju- dice. Psychoanalytic technique does not encompass pur- poseful attempts to ‘convert’, ‘repair’, change or shift an individual’s sexual orientation, gender identity or gender expression. Such directed efforts are against fundamental principles of psychoanalytic treatment and often result in VerDate Mar 15 2010 23:57 Nov 28, 2012 Jkt 029200 PO 00000 Frm 00004 Fmt 6652 Sfmt 6300 E:\BILLS\HC141.IH HC141 smartinez on DSK6TPTVN1PROD with 5 •HCON 141 IH substantial psychological pain by reinforcing damaging internalized attitudes.’’; Whereas research by Caitlyn Ryan et al. entitled ‘‘Family Re- jection as a Predictor of Negative Health Outcomes in White and Latino Lesbian, Gay, and Bisexual Adults’’ published in 2009 demonstrates that minors who experi- ence family rejection based on their sexual orientation face especially serious health risks and that such youth were 8.4 times more likely to report having attempted suicide, 5.9 times more likely to report high levels of de- pression, and 3.4 times more likely to use illegal drugs compared with peers from families that reported no or low levels of family rejection; and Whereas several States have enacted or are considering legis- lation and other measures to address these ineffective and dangerous efforts: Now, therefore, be it Resolved by the House of Representatives (the Senate 1 concurring), 2 SECTION 1. SHORT TITLE. 3 This resolution may be cited as the ‘‘Stop Harming 4 Our Kids Resolution’’. 5 SEC. 2. SENSE OF CONGRESS REGARDING SEXUAL ORI- 6 ENTATION AND GENDER IDENTITY OR EX- 7 PRESSION CHANGE EFFORTS DIRECTED AT 8 MINORS. 9 (a) IN GENERAL.—It is the sense of Congress that 10 sexual orientation and gender identity or expression 11 change efforts directed at minors are discredited and inef- 12 VerDate Mar 15 2010 23:57 Nov 28, 2012 Jkt 029200 PO 00000 Frm 00005 Fmt 6652 Sfmt 6201 E:\BILLS\HC141.IH HC141 smartinez on DSK6TPTVN1PROD with 6 •HCON 141 IH fective, have no legitimate therapeutic purpose, and are 1 dangerous and harmful. 2 (b) STATE ENCOURAGEMENT.—Congress encourages 3 each State to take steps to protect minors from efforts 4 that promote or promise to change sexual orientation or 5 gender identity or expression, based on the premise that 6 homosexuality or transgender identity is a mental illness 7 or developmental disorder that can or should be cured. 8 (c) SEXUAL ORIENTATION AND GENDER IDENTITY 9 OR EXPRESSION CHANGE EFFORTS DEFINED.—In this 10 resolution, the term ‘‘sexual orientation and gender iden- 11 tity or expression change efforts’’ means any practice by 12 a licensed mental health provider, health care provider, or 13 counselor that seeks or purports to impose change of an 14 individual’s sexual orientation or gender identity or ex- 15 pression. Such term— 16 (1) includes efforts— 17 (A) to change behavioral expression of an 18 individual’s sexual orientation or gender iden- 19 tity or expression; or 20 (B) to eliminate or reduce sexual or ro- 21 mantic attractions or feelings toward individ- 22 uals of the same sex; but 23 (2) does not include culturally competent, af- 24 firmative therapy that— 25 VerDate Mar 15 2010 23:57 Nov 28, 2012 Jkt 029200 PO 00000 Frm 00006 Fmt 6652 Sfmt 6201 E:\BILLS\HC141.IH HC141 smartinez on DSK6TPTVN1PROD with 7 •HCON 141 IH (A) provides acceptance, support, and un- 1 derstanding of an individual’s sexual orienta- 2 tion, gender identity, or gender expression and 3 the facilitation of an individual’s coping, social 4 support, and identity exploration and develop- 5 ment, including interventions to prevent or ad- 6 dress unlawful conduct or unsafe sexual prac- 7 tices; or 8 (B) provides acceptance, support, or un- 9 derstanding of an individual’s gender expression 10 or the facilitation of an individual’s coping, so- 11 cial support, and identity exploration and devel- 12 opment. 13 Æ VerDate Mar 15 2010 23:57 Nov 28, 2012 Jkt 029200 PO 00000 Frm 00007 Fmt 6652 Sfmt 6301 E:\BILLS\HC141.IH HC141 smartinez on DSK6TPTVN1PROD with