On June 13, 2013, a New Jersey Assembly committee
heard testimony about the bill A3371 (An act concerning the protection of
minors from attempts to change sexual orientation). The bill was released from
committee, and if passed will prohibit licensed mental health professionals of
all disciplines from carrying out treatment of minors with the intention of
altering a child’s behavior and experience of attraction to members of his or
her own sex. The bill can be read at http://legiscan.com/NJ/text/A3371,
and a description of the hearing can be seen at http://s.nj.com/udvnK11. Testimony was heard
from a range of witnesses, with support for the bill coming from individuals
with relevant personal histories, psychologist, psychiatrists, and representatives
of gay and Lesbian organizations. Some of those who testified against the bill
also told personal stories, including some self-described ex-gays, one mental
health professional who described some of his own methods of doing the
treatment, and a pastor of the Assemblies of God who argued that the bill would
infringe on religious liberties by removing a clergy member’s option of
referring a child or adolescent for this treatment. Several of the witnesses
referenced research on children and adolescents with minority sexual orientations,
and they particularly pointed to the 2009 report of the American Psychological
Association that recommended against use of “conversion” therapies (www.apa.org/pi/lgbt/resources/therapeutic-response.pdf).
I myself testified in support of the bill, and this
was my statement:
Good Morning,
I’d like to start my testimony by
saying thank you to Chairman Conway and Assemblyman Tim Eustace for sponsoring
this bill, and the rest of the committee for bringing this important matter to
a hearing.
I am Dr. Jean Mercer, and I
am a developmental psychologist, a retired professor of psychology, and an
expert on unconventional psychotherapies for children. I have published several
books and a dozen articles in professional journals that discuss the problems of
using unconventional, non-evidence-based mental health interventions for
children and adolescents.
I
support the bill to prohibit the use of
so-called “conversion therapies” for minors.
I would point out that these treatments lack the support of systematic
outcome research. They have not been shown to be either effective or safe. They
are implausible in that they disagree with established principles and research
evidence about human development. These are problems with respect to the use of
such treatments for adults, but are especially important when minors are
concerned.
The use of
“conversion therapies,” or sexual orientation change efforts
(SOCE), with children and adolescents pose[s] particular ethical problems. Minors
cannot effectively refuse or resist treatments wanted by their parents or other
authorities, so the fiduciary responsibility of those who make decisions for
the treatment of children and adolescents is great. Adults making such decisions need accurate
information, and in some cases need the help of the state to assist
in making the best decisions. An example is the requirement of the state
that dairies test their herds for tuberculosis and thus assure parents that no
milk they choose to buy will transmit this disease. If a dairy claimed that its
cows where tuberculosis-free when this was not the case, parents would not be
able to make informed choices about purchasing milk, and this is why New Jersey
and other states have acted to make sure that parental decisions are healthy
ones.
Parents have
the right to make decisions about their children’s medical and psychological
treatment, but they can exercise this right only when they also enjoy the right
of accurate information about the choices they make. Unfortunately, proponents
of “conversion therapies” have not provided accurate information. They have
claimed that their treatments effectively change minors’ sexual and/or gender
orientation, when there is in fact no systematic evidence to show that such
treatments for minors are either effective or safe, and when in fact a number
of adverse events have been reported in connection with the treatments. Because
publications supporting “conversion therapies” have been fraught with
inaccuracies and omissions, the rights of both parents and children to give
their informed consent to an intervention have been interfered with. Informed
consent can be given only when a guardian has been given accurate information
about the demonstrated effectiveness of a treatment, about risks connected with
the treatment, and about alternative treatments that may be preferred for
various reasons. When there is no evidence that a treatment has been shown to
be effective for people like the proposed client, guardians must also be
informed of this fact. If these types of information are not provided, parental
rights to make appropriate decisions are violated, as are the rights of minors
to understand and agree with their treatment.
If “conversion therapies” had been shown to be
necessary, safe, and effective, discomfort associated with them might be
acceptable, as we accept a certain amount of discomfort with medical
treatments. Because they have not, we must consider whether in fact these
treatments are abusive. When they include holding therapy or aversive methods,
it is clear that the line defining abuse is quickly crossed if the treatment is
ineffective. When no physical methods are used, “conversion therapies”
nevertheless meet criteria for emotional abuse by employing rejection, a
refusal to acknowledge the minor’s worth or needs, and terrorizing, including
verbal assault, bullying, and creating an atmosphere of fear by threats of
present or eternal punishment. These treatments also resemble the “intrusive
parenting” that has been shown to have detrimental psychological effects.
I believe
that passage of this bill will help to safeguard rights of both parents and
children to be safe from the effects of deceptive commercial speech and to make
decisions based on accurate information. Thank you.
In listening to other people’s testimony, both pro and con, I
was struck by a number of issues that were occasionally queried by committee
members but never completely answered or resolved. I hope that when the bill
comes to be discussed in the Assembly, some of these matters will receive
attention.
1. Minors versus adults. When research about
one group of people is to be generalized to another group, it’s necessary to
take into account how similar the groups are. There is very little research
about attempts to change the sexual orientation of children and adolescents.
The research that exists is primarily focused on adults, and not only men, but
white men, and not only white men, but to a considerable extent white men of
fundamentalist Christian beliefs. Claims that the treatments are safe and
effective for these individuals, who have chosen to be treated, are difficult
to apply to a mixed group of younger persons who in many cases appear to have
been coerced into treatment. I have been unable to find any report of
systematic outcome research on the use of these therapies with children and
adolescents on Academic Search Complete, PsycInfo,or Medline.
2. The suicide issue. Witnesses testifying on both sides referred to an increased rate of suicide , suicide attempts or suicidal
ideation among different groups of people. Witnesses in favor of the bill
attributed this increase to attempts to change sexual orientation; witnesses
opposed to the bill attributed it to the fact of having a minority sexual
orientation. One committee member asked what group this relative increase used
as a standard of comparison, but no clear answer was given.
The bill itself cites
an article by Ryan, C.,Huebner, D.,
Diaz, R.M., and Sanchez, J. (2009. Family rejection as a predictor of negative
health outcomes in white and Latino Lesbian, gay, and bisexual young adults. Pediatrics, 123, 346). The Ryan et al
paper reports 8.4 times as many suicide attempts (not completed suicides) among sexual minority
young adults ages 21-25 whose reported that their families rejected them than
among a similar group who reported that their families were accepting of their
orientation. The participants were
recruited from community sites and clubs that serve LGB young adults, so the
comparison was not to a sexual majority group.
An article by Mark Hatzenbuehler (The social environment and
suicide attempts in Lesbian, gay, and bisexual youth. [2011]. Pediatrics, 127, 896) stated that sexual minority youth were more likely to
report that they had attempted suicide during the previous year if they lived
in negative, nonsupportive environments. In this study, about 20% of sexual
minority youth (11th graders) reported that they had at least one
suicide attempt during that time, as compared to only 4% for heterosexual
youth.
If either side is to argue their position about this bill on
the basis of suicide statistics, it is important to be clear on whether the
reference is to completed suicide, self- reported attempted suicide,
self-reported suicidal thoughts, or medically-reported suicide attempts.
Although all of these are of concern, if we are to avoid the apples-and-oranges
problem, clarity is needed.
3.
Reversed burden of proof. Witnesses opposing the bill argued that there
was no evidence that the “conversion” treatment was not safe or
effective-- indeed, claimed that the
absence of research evidence meant that the bill was at least premature.
However, this argument reveals a common problem of critical thinking, the demand
that an opponent show that something is not
correct. Rules of critical thinking place the burden of proof on the
claimant who holds that something is true. It is for proponents of “conversion”
therapy to demonstrate that the treatment is a safe and effective way of
changing sexual orientation, and to do this by the rules governing outcome
studies of conventional treatments, including the existence of an independent
replication of results. Thinking about how they could do this raises an
interesting question: would they also claim that they could treat a
heterosexual person in such a way as to convert the person’s orientation and
cause attraction to people of the same sex?
4. What do “conversion” therapists actually do? Much of yesterday’s discussion
focused on why anyone would, should, or should not want to change a young
person’s sexual orientation. Little attention was paid to what the therapists
actually do, and whether or not such actions are appropriate at all, whether or
not they are effective. One Christopher Doyle, a mental health professional who
does “conversion” therapy, stated that it was just talk therapy and therefore
could not hurt.
This statement raises two issues: first, is it “just talk
therapy”? And, second, if it were “just talk therapy”, could it be harmful?
Richard Cohen’s 2007 book Coming
Out Straight describes a form of “conversion” therapy and discusses the
rationale behind it. Cohen’s methods may not be those of every “conversion”
therapist, but clearly they are the methods used by some and they are not “just
talk therapy”. Cohen speaks rapturously of the version of Holding Therapy
presented by the American psychiatrist Martha Welch, who believes that physical
restraint of one person by another, accompanied by a wide range of emotional
communications while the restraint continues for an hour or more, causes
emotional attachment to take place. Cohen, like many other half-educated mental
health professionals, assumes that most emotional disorders (among which he
includes homosexuality) are caused by problems of attachment, and therefore can
be treated by methods that he assumes affect attachment. In addition to Holding
Therapy, Cohen also considered it helpful to employ a range of “new age”
methods, including psychodrama, inner-child healing, bioenergetics, and other
techniques that are both implausible and lacking in an evidence basis.
These are not “just talk therapy”, but it is presumably
possible for some “conversion” therapists to confine their interventions to
talk. If they do, is it true that no harm can be done? Scott Lilienfeld, in a
well-known 2007 paper, argued that there are methods that should be considered
potentially harmful treatments (Psychological treatments that cause harm. Perspectives on Psychological Science, 2, 53-70).
He included as examples of treatments that have done direct harm such “just talk”
methods as critical incident stress debriefing. In addition to direct harm from
“just talk”, it’s important to consider the possible impacts of “talk” that
focuses on unchangeable characteristics (as sexual orientation most probably
is) rather than on discomforts like depression or social or family concerns,
which in fact can respond to intervention. Harm can be done by “just talk” that
ignores the client’s actual emotional needs and focuses elsewhere as the
therapist’s agenda dictates.
A3321 obviously requires a good deal more discussion before
it is put to a vote, and I hope the discussion will deal with some of the
issues I have just noted. In my opinion, however, legislation to prevent a
variety of inappropriate treatments for children and adolescents is long
overdue. It is a mistake to accept the assurances of all the “helping
professions” that they will regulate their own members, as they have clearly
not done so.