BILL ANALYSIS AB 2199 Page 1 Date of Hearing: April 6, 2010 Counsel: Gabriel Caswell ASSEMBLY COMMITTEE ON PUBLIC SAFETY Tom Ammiano, Chair AB 2199 (Lowenthal) - As Introduced: February 18, 2010 SUMMARY : Repeals a provision of law requiring the Department of Mental Health (DMH), acting through the superintendent of the Langly Porter Clinic, to plan, conduct, and cause to be conducted scientific research into the causes and cures of sexual deviation, including deviations conducive to sex crimes against children, and the causes and cures of homosexuality, and into methods of identifying potential sex offenders. EXISTING LAW states that DMH, acting through the superintendent of the Langley Porter Clinic, shall plan, conduct, and cause to be conducted scientific research into the causes and cures of sexual deviation, including deviations conducive to sex crimes against children, and the causes and cures of homosexuality, and into methods of identifying potential sex offenders. (Welfare and Institutions Code Section 8050.) FISCAL EFFECT : Unknown COMMENTS : 1)Author's Statement : According to the author, "Our codes are constantly updated, and the fact that this language has survived this long is pretty amazing. The closest analogy to this code are race restrictions on property deeds. It is not enough that we do not enforce them, we need to blot them out to make it clear that we're moving forward as a society, not backward. The code section this bill seeks to repeal not only reflects misguided and out-of-date science, it enshrines bigotry and false stereotypes in law." 2)Background : According to the background submitted by the author, "[t]he law was adopted during a 1950 special session dealing with sex crimes. This First Extraordinary Session included several bills dealing with sex offenders and sexual psychopaths. The bill that enacted this statute specifically AB 2199 Page 2 required what was then known as the Department of Mental Hygiene to 'conduct ? scientific research into the causes and cures of sexual deviation? and the causes and cures of homosexuality, and into methods of identifying potential sex offenders.' "This statute was last amended in 1977 to conform with the Department of Mental Hygiene's change to the Department of Mental Health. However, the statute's requirement to find a cure for homosexuality was still left intact. Interestingly, this was four years after homosexuality was removed from the American Psychiatric Association's Diagnostic and Statistical Manual of Mental Disorders (DSM). Before 1973, gays and lesbians were considered to have a mental disorder. "This code section mischaracterizes and institutes bigotry against the lesbian, gay, bisexual, and transgender community because it considers such individuals as child molesters and deviants in need of a cure. Though this study to finding a cure for homosexuality is no longer enforced or acted upon, it has no place in California's code books. Similarly in the past, race restrictions on deeds were in the code books, but have been removed by legislation. "Specifically, this bill would repeal Section 8050 of the Welfare and Institutions Code, which declares the State Department of Mental Health to conduct ' . . . scientific research into the causes and cures of sexual deviation, including deviations conducive to sex crimes against children, and the causes and cures of homosexuality . . . ' ." 3)Langly Porter Clinic : The Langly Porter clinic exists within the University of San Francisco. According to their Web site, '[t]he UCSF Department of Psychiatry is a world leader in research with a deep and distinguished record of achievement spanning more than half a century. Its many investigators explore psychological, biological, and social processes as they may affect the cause, diagnosis, and treatment of mental disorders as well as those that promote health, coping capacity, and life satisfaction. The Department has world-class psychiatrists, psychologists, and neuroscientists. We are dedicated to the discovery of better treatments, prevention strategies, and cures of neuropsychiatric disorders. Operating in one of the premier biomedical research institutions in the world, our research faculty AB 2199 Page 3 members are conducting state of the art basic and translational research aimed at improving the care of people with mental illness." 4)Argument in Support : According to Equality California , [o]n behalf of Equality California, I write as sponsor for your bill, AB 2199 - Repeal of Discriminatory Code. This bill would repeal an archaic law directing mental health officials to seek a cure for homosexuality. Section 8050 of the Welfare and Institutions Code directs the State Department of Mental Health to conduct ' . . . scientific research into the causes and cures of sexual deviation, including deviations conducive to sex crimes against children, and the causes and cures of homosexuality . . . . ' "This code continues to mischaracterize sexual orientation in the LGBT community as mental disorder and institutes bigotry against the lesbian, gay, bisexual, and transgender community. It wrongly links sexual orientation with child molestation, sexual deviance and calls for research into a cure for homosexuality. In 1973, the American Psychiatric Association (APA) removed homosexuality from the Diagnostic and Statistical Manual of Mental Disorders (DSM). Prior to that, gays and lesbians were wrongly considered to have a mental disorder by the APA. "Section 8050 of the Welfare and Institutions Code continues to help perpetuate a number of unfounded concerns regarding the LGBT community and children. These concerns include false claims that same sex parents are not as good as heterosexual parents and that gay men are prone to sexually abuse children. These claims have been repudiated through various research. Studies by the APA indicate that same sex parents provide supportive home environments for children just like heterosexual parents. Additionally, the APA calls it a myth that gay men are more likely to sexually abuse children. The repealing of Section 8050 of the Welfare and Institutions Code is long over do. We strongly encourage the passage of this legislation." 5)Argument in Opposition : According to Parents and Friends of Ex-Gays and Gays , "[w]e request that you not repeal Section 8050 of the Welfare and Institutions Code, which directs the California State Department of Mental Health to 'plan conduct and cause to be conducted scientific research into the causes AB 2199 Page 4 and cures of sexual deviation, including deviations conducive to sex crimes against children, and the causes and cures of homosexuality, and into methods of identifying sex offenders.' "Parents and Friends of Ex-Gays and Gays (PFOX) believe this provision protects children against sexual abuse by predators. In addition, the scientific evidence shows that no one is born a homosexual and no 'gay gene' or DNA for sexual orientation exists. Thus, research into the causes of homosexual behavior is a legitimate form of science and benefits both ex-gay and gay communities. We should not fear what science has to say in this area and allow full research which could benefit both children and homosexuals in the future." REGISTERED SUPPORT / OPPOSITION : Support California Teachers Association California Association of Marriage and Family Therapists California Communities United Institute California Mental Health directors Association Disability Rights California Equality California Opposition Parents and Friends of Ex-Gays and Gays Analysis Prepared by : Gabriel Caswell / PUB. S. / (916) 319-3744