Reparative Therapy Bans Struck Down — California Assemblyman Must Respect Therapy Equality

South Bay Assemblyman Attempt to Ban Reparative Therapy Hits
Another Roadblock

Assemblyman Should Quit Discriminating Against Former LGBT
People

During the 2018 California state legislative session,
Assemblyman Evan Low (D-Cupertino) introduced AB 2943. If passed, this
legislation would have made all forms of reparative therapy illegal in the
state of California. For those not aware, reparative (or reintegrative, not
“conversion”) therapy helps individuals with unwanted same-sex attraction or
unwelcome gender dysphoria. They can help with the deeper emotional traumas
that cause those attractions, and the therapy has saved many lives. However,
Low’s ambitious legislation would make is to that people in pain could no
longer offer services to adults to help them break free of unwanted same-sex
desires or gender dysphoria concerns. Currently, the state of California has
banned reparative therapy for minors. That legislation, SB
1172, passed in 2012 and became law with Governor Brown’s signature. AB
2943 would have made reparative therapy illegal for adults, as well.

During the 2018 session, a number of lawmakers recognized
that the legislation was so broad, that it would have banned any writings,
printings, talks, discussions, tapes, etc. which defended natural marriage and
biological distinctions of male and female. In effect, legal experts confirmed
that this legislation would have banned the Bible!

The uproar all over the state of California was intense. MassResistance,
the international pro-family group that makes the difference, began networking
with different activist groups throughout the state of California. Conservative
insiders working in Sacramento also kept our team apprised of what was going on
in the state legislature. For the last month of the legislative session in
2018, MassResistance members lobbied state legislators on the phone, in their
district offices, and even in their capitol offices to stop this bill.

MassResistance members hosted conference calls with key
staffers in Sacramento. We informed them that this push to ban a life-saving
therapy would enrage churches and conservatives across the state, beef up their
fundraising, and force a number of liberal legislators out of office that year.
Furthermore, two key federal court cases announced that reparative therapy bans
are unconstitutional restrictions of free speech. AB 2943 would have invited
multiple lawsuits against the state, force the case before the United States
Supreme Court, which would strike down reparative therapy bans across the
country.

The legislation stalled, and the State Senate incorporated
amendments so that the bill would no longer target printed materials, but that
was not enough.  On the final day of the
2017-2018 legislative session, Assemblyman Low announced that he was pulling
his bill, citing concerns that he had not done enough outreach to California’s
church communities. The truth is that the pressure on key lawmakers in the
state assembly had proven too much for them to ignore.

Come 2019, with the opening of the new legislative session,
Assemblyman Low did not introduce the reparative therapy ban. Instead, he
introduced a resolution, ACR
99, which basically blamed churches and Christians for anti-LGBT hostility
in California, as well as the preponderance of disease, dysfunction, and death
with afflicts LGBT individuals. Numerous studies have confirmed, however, that
homosexual acts or gender transition therapies are inherently destructive.
Furthermore, the mental health issues with LGBT behaviors cannot be overstated,
and even in LGBT-affirming countries, there is a higher incidence of disease,
dysfunction, and death associated with the whole LGBT scene.

Sadly, Asm. Low’s resolution passed this year. Thankfully,
it has no legal force other than expressing the opinion of the state
legislature. Still, this resolution was introduced in order to pave the way for
Assemblyman Low to reintroduce his ban on reparative therapy next year. The
fight for Therapy Equality has not stopped. However, Assemblyman Low’s chances
of moving forward on this anti-liberty legislation may have hit another
roadblock, and this time from the most unlikely place.

New York City Repeals Reparative Therapy Ban (for minors
and adults)

In 2017, New York City passed a comprehensive reparative
therapy ban of its own, much like AB 2943. This legislation was the most
oppressive, banning the therapy for children and adults and levying fines for
any therapist who offered the service. This move should come as now surprise,
since communistic Mayor Bill De Blasio and the uber-liberal, read socialist
city council have been pushing the LGBT agenda relentlessly in their city.
After all, the city of New York is also one of the most pro-LGBT jurisdictions
in the country.

And
yet, this month the New York City City Council is about to repeal this
first-of-its-kind comprehensive reparative therapy ban. Why?

Earlier this year, the
Alliance Defending Freedom filed a lawsuit on behalf of David Schwartz, a
Brooklyn Rabbi and psychotherapist to overturn the comprehensive reparative
therapy ban. According to the lawsuit, the law is overly broad, and it violates
freedom of speech and freedom of religion.  Rather than fighting the lawsuit in court, The
Speaker of the New York City City Council, Corey Johnson (who is openly gay),
acknowledged that the best of course action was to repeal New York City’s ban
rather than risk an extensive series of legal challenges.

Why is one of the most pro-LGBT cities in the country
unwilling to fight?

First of all, The Alliance Defending Freedom has a strong
record of winning free speech cases, with nine victories before the United
States Supreme Court. Second of all, the federal courts throughout the country,
particularly the Second District Circuit Court of Appeals, have become
increasingly conservative, siding with freedom of speech and pro-family causes
since Trump’s election and nomination of effective, constitutionalist jurists.
Last of all, the United States Supreme Court has signaled their readiness to
strike down reparative therapy bans in their recent decision
NIFLA v. Becerra. A district court has already struck down a
reparative therapy ban for minors in Florida (see
Vazzo v. Tampa).

Within days of New York City’s announced repeal,
MassResistance members contacted Assemblyman Evan Low’s office, urging him to
discontinue further attempts to criminalize free speech and stop attacking a
therapy which has saved many lives. The staffer indicated that Asm. Low is
aware of the case and will be assessing his options going into the next
legislative year. Of course, Low should be aware that just as the federal
judiciary which oversees New York State has become decidedly more conservative,
so too the United States Court of Appeals for the Ninth Circuit has also
shifted considerably toward protecting free speech and family values. It’s a
matter of time before these cases will arrive in front of the United States
Supreme Court, and their final ruling will strike down reparative therapy bans
across the country, including SB 1172.

We urge all residents in the South Bay (and throughout the state of California) to contact
Assemblyman Evan Low’s office and tell him to do the following:

Capitol Office

P.O. Box 942849

Room 4126

Sacramento, CA 94249-0028

Tel: (916) 319-2028

Fax: (916) 319-2128

District Office:

20111 Stevens Creek Blvd

Suite 220

Cupertino, CA 95014

Tel: (408) 446-2810

For more information, please contact

Arthur Schaper

Organization Director, MassResistance

Email: arthur@massresistance.org

Phone: (781) 890-6001