New Jersey § 45:1-54

§ 45:1-54.

The Legislature finds and declares that: a. Being lesbian, gay, or bisexual is not a disease, disorder, illness, deficiency,

or shortcoming. The major professional associations of mental health practitioners and researchers

in the United States have recognized this fact for nearly 40 years; b. The American Psychological Association convened a Task Force on Appropriate Therapeutic

Responses to Sexual Orientation. The task force conducted a systematic review of peer-reviewed journal literature on

sexual orientation change efforts, and issued a report in 2009. The task force concluded that sexual orientation change efforts can pose critical

health risks to lesbian, gay, and bisexual people, including confusion, depression,

guilt, helplessness, hopelessness, shame, social withdrawal, suicidality, substance use disorder , stress, disappointment, self-blame, decreased self-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 dysfunction, high-risk sexual behaviors, a feeling of being dehumanized

and untrue to self, a loss of faith, and a sense of having wasted time and resources; c. The American Psychological Association issued a resolution on Appropriate Affirmative

Responses to Sexual Orientation Distress and Change Efforts in 2009, which states:

“[T]he [American Psychological Association] advises parents, guardians, young people,

and their families to avoid sexual orientation change efforts that portray homosexuality

as a mental illness or developmental disorder and to seek psychotherapy, social support,

and educational services that provide accurate information on sexual orientation and

sexuality, increase family and school support, and reduce rejection of sexual minority

youth”; d. (1) The American Psychiatric Association published a position statement in March

of 2000 in which it stated: “Psychotherapeutic modalities to convert or 'repair'

homosexuality are based on developmental theories whose scientific validity is questionable. Furthermore, anecdotal reports of 'cures' are counterbalanced by anecdotal claims

of psychological harm. In the last four decades, 'reparative' therapists have not produced any rigorous

scientific research to substantiate their claims of cure. Until there is such research available, [the American Psychiatric Association] recommends

that ethical practitioners refrain from attempts to change individuals' sexual orientation,

keeping in mind the medical dictum to first, do no harm; (2) The potential risks of reparative therapy are great, including depression, anxiety

and self-destructive behavior, since therapist alignment with societal prejudices

against homosexuality may reinforce self-hatred already experienced by the patient. Many patients who have undergone reparative therapy relate that they were inaccurately

told that homosexuals are lonely, unhappy individuals who never achieve acceptance

or satisfaction. The possibility that the person might achieve happiness and satisfying interpersonal

relationships as a gay man or lesbian is not presented, nor are alternative approaches

to dealing with the effects of societal stigmatization discussed; and (3) Therefore, the American Psychiatric Association opposes any psychiatric treatment

such as reparative or conversion therapy which is based upon the assumption that homosexuality

per se is a mental disorder or based upon the a priori assumption that a patient should

change his or her sexual homosexual orientation”; e. The American School Counselor Association's position statement on professional

school counselors and lesbian, gay, bisexual, transgender, and questioning (LGBTQ)

youth states: “It is not the role of the professional school counselor to attempt

to change a student's sexual orientation/gender identity but instead to provide support

to LGBTQ students to promote student achievement and personal well-being. Recognizing that sexual orientation is not an illness and does not require treatment,

professional school counselors may provide individual student planning or responsive

services to LGBTQ students to promote self-acceptance, deal with social acceptance,

understand issues related to coming out, including issues that families may face when

a student goes through this process and identify appropriate community resources”; f. The American Academy of Pediatrics in 1993 published an article in its journal,

Pediatrics, stating: “Therapy directed at specifically changing sexual orientation

is contraindicated, since it can provoke guilt and anxiety while having little or

no potential for achieving changes in orientation”; g. The American Medical Association Council on Scientific Affairs prepared a report

in 1994 in which it stated: “Aversion therapy (a behavioral or medical intervention

which pairs unwanted behavior, in this case, homosexual behavior, with unpleasant

sensations or aversive consequences) is no longer recommended for gay men and lesbians. Through psychotherapy, gay men and lesbians can become comfortable with their sexual

orientation and understand the societal response to it”; h. The National Association of Social Workers prepared a 1997 policy statement in

which it stated: “Social stigmatization of lesbian, gay, and bisexual people is widespread

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”; i. The American Counseling Association Governing Council issued a position statement

in April of 1999, and in it the council states: “We oppose 'the promotion of “reparative

therapy” as a “cure” for individuals who are homosexual”'; j. (1) The American Psychoanalytic Association issued a position statement in June

2012 on attempts to change sexual orientation, gender, identity, or gender expression,

and in it the association states: “As with any societal prejudice, bias against individuals

based on actual or perceived sexual orientation, gender identity or gender expression

negatively affects mental health, contributing to an enduring sense of stigma and

pervasive self-criticism through the internalization of such prejudice; and (2) Psychoanalytic technique does not encompass purposeful 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 substantial psychological pain by reinforcing damaging internalized

attitudes”; k. The American Academy of Child and Adolescent Psychiatry in 2012 published an article

in its journal, Journal of the American Academy of Child and Adolescent Psychiatry,

stating: “Clinicians should be aware that there is no evidence that sexual orientation

can be altered through therapy, and that attempts to do so may be harmful. There is no empirical evidence adult homosexuality can be prevented 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 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”; l . The Pan American Health Organization, a regional office of the World Health Organization,

issued a statement in May of 2012 and in it the organization states: “These supposed

conversion therapies constitute a violation of the ethical principles of health care

and violate human rights that are protected by international and regional agreements.”

The organization also noted that reparative therapies “lack medical justification

and represent a serious threat to the health and well-being of affected people”; m. Minors who experience family rejection based on their sexual orientation face especially

serious health risks. In one study, lesbian, gay, and bisexual young adults who reported higher levels of

family rejection during adolescence were 8.4 times more likely to report having attempted

suicide, 5.9 times more likely to report high levels of depression, 3.4 times more

likely to use illegal drugs, and 3.4 times more likely to report having engaged in

unprotected sexual intercourse compared with peers from families that reported no

or low levels of family rejection. This is documented by Caitlin Ryan et al. in their article entitled Family Rejection

as a Predictor of Negative Health Outcomes in White and Latino Lesbian, Gay, and Bisexual

Young Adults (2009) 123 Pediatrics 346; and n. New Jersey has a compelling interest in protecting the physical and psychological

well-being of minors, including lesbian, gay, bisexual, and transgender youth, and

in protecting its minors against exposure to serious harms caused by sexual orientation

change efforts.