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            reflects misguided and out-of-date science, it enshrines  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
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            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  








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            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
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            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