FoxNews.com

A first-of-its-kind state law that would restrict parents from
trying to "cure" their minor children's same-sex attractions seems
headed to the governor's desk.
If both state houses can agree on the final language, the
legislation, which would ban all sexual orientation change effort (SOCE)
treatment for minors, will be sent to Democratic Gov. Jerry Brown for
his signature sometime in September. But, so far, there has been no
indication from his office on whether he will sign the bill into law.
Whatever the governor does, he's sure to face criticism. Backers see
it as a civil rights issue, while critics say lawmakers are infringing
on not only parents' rights but also on the mission of mental health
professionals.
"[The law] unconstitutionally prohibits speech…violates privacy and
personal autonomy rights, intermeddles in theological disputes, clashes
with other laws and creates significant unintended consequences," Matt
McReynolds,, a staff attorney with Sacramento-based Pacific Justice
Institute, said.
"As long as this bill threatens to shame patients and silence
counselors, therapists, psychologists and psychiatrists, we will
vigorously oppose it," McReynolds told Fox News. "We cannot afford to
let the state invade the counseling room or doctor's office to dictate
what views on sexuality are acceptable and unacceptable."
Sponsored by a coalition of gay rights groups led by California
Equality the bill was introduced by State Sen. Ted W. Lieu (D-Redondo
Beach). Lieu told Fox News his interest in the issue was sparked by a
news report he saw on television in 2011.
"The story detailed the harmful impact on vulnerable minors of this
kind of supposed reparative therapy," Lieu said. "So when California
Equality approached me about introducing a bill to ban that kind of
therapy for minors, I jumped at the chance."
Lieu also cited studies like the American Psychological Association
(APA) 2009 Task Force, which reported SOCE therapy could lead to
depression, feelings of shame, self-loathing, drug abuse, high-risk
sexual behavior, anger, withdrawal and in some cases, even attempted
suicide in minor children, if those same-sex attractions continue to
persist.
Libertarian and conservative political and legal groups including
McReynolds' group and the National Association for Research and Therapy
of Homosexuality (NARTH), a nationwide group of conservative mental
health providers based in Salt Lake City have blasted the bill.
David Pickup, a Glendale, Calif. therapist said he's been a member of
NARTH for more than eight years. He told Fox News that he went through
his own SOCE treatment and uses it to treat his patients.
Pickup said that although he's had thousands of sexual interactions with men, he never identified himself as being gay.
"I describe myself as being a heterosexual man with a homosexual
challenge," Pickup said, adding that after his own SOCE treatment he had
feelings for women and now only experienced attractions towards men
"once in a blue moon."
Pickup claims that SOCE treatments work to varying degrees on "95
percent" of his patients and he vehemently opposes SB 1172 as a
"violation of parental rights," and said the law would have a "chilling
effect" on the ability of therapists to treat their patients.
Pickup also claims mainstream mental health groups like the APA 2009
Task Force report labeling SOCE change efforts as "posing critical
health risks" to lesbian, gay and bisexual people was based solely on
"anecdotal evidence."
Brad Dacus, president of PJI told Fox News that whether or not the
therapy is viable isn't for lawmakers to decide. Parents, patients and
therapists should not be dictated to, he said.
"This is really a serious violation of the constitutional rights of
patients and counselors, a violation of privacy and an outright attack
on the rights of parents to decide what is best for their children,"
Dacus said.
Lieu responded to the criticism by pointing out this was a health issue
and his bill was written to protect the health, welfare and rights of
minors who were experiencing same-sex attractions.
"We (the government) intervene all the time to restrict the rights of
individuals and parents regarding health issues," Lieu told Fox News.
"We pass laws saying minors can't buy tobacco products; anyone under
21 can't legally drink alcohol and we force parents to put their very
young children into car seats while they're driving," Lieu said.
While public opposition to the bill has been loud and long, it was
actually opposition to portions of the legislation from mainstream
mental health associations that forced Lieu and the bill's sponsors to
amend it.
That opposition, which included several smaller mental health groups,
was led by a coalition of the state's four largest mental health
associations: the California Association of Marriage and Family
Therapists (CAMFT), California Psychiatric Association, California
Psychological Association and the California Association for Licensed
Professional Clinical Counselors (CALPCC).
Today, the bill only bans SOCE treatments for minors, regardless of
their parents' desires. Initially, the bill's sponsors had wanted a
total ban on SOCE in the state. Also cut was a provision that subjected
mental health providers to damage claims and civil suits by their former
patients and immediate family members if they violated the law.
But one major sticking point remained.
Randall Hagar, Government Affairs director of the California
Psychiatric Association told Fox News the coalition remained opposed
because the bill's definition of SOCE was "overly broad and could have
inhibited minors from discussing even legitimate issues, fears and
concerns about their sexual identity with their therapists."
Dr. Jo Linder-Crow, executive director of the California Psychological Association echoed Hagar's concerns.
"It would have been too easy to misinterpret," she said. "Our concern
was that proverbial law of unintended consequences and what could
happen to our patients."
A compromise was finally brokered that enabled the coalition to move
to a neutral position on the bill, Hagar said. In laymen's terms, Hagar
said, SOCE was defined as any therapy whose sole purpose or aim was to
change a person's sexual orientation from same-sex to opposite sex
attraction.
Banned SOCE treatments would exclude psychotherapies that 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 do
not seek to change sexual orientation.