BILL ANALYSIS                                                                                                                                                                                                    



                                                                       



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                                 THIRD READING


          Bill No:  AB 2199
          Author:   Bonnie Lowenthal (D)
          Amended:  8/18/10 in Assembly
          Vote:     21

           
           SENATE HEALTH COMMITTEE  :  7-0, 6/23/10
          AYES: Alquist, Aanestad, Cedillo, Leno, Negrete McLeod,  
            Pavley, Romero
          NO VOTE RECORDED: Strickland, Cox

           SENATE APPROPRIATIONS COMMITTEE  :  11-0, 8/12/10
          AYES: Kehoe, Ashburn, Alquist, Corbett, Emmerson, Leno,  
            Price, Walters, Wolk, Wyland, Yee

           ASSEMBLY FLOOR  :  70-1, 04/26/10 - See last page for vote


           SUBJECT  :    Sexual deviation:  research

           SOURCE  :     Equality California 


           DIGEST  :    This bill repeals an obsolete provision of law  
          requiring the Department of Mental Health, to plan,  
          conduct, and cause to be conducted scientific research into  
          the causes and cures of sexual deviation, including the  
          causes and cures of homosexuality. 

           ANALYSIS  :    Existing law states that the Department of  
          Mental Health (DMH), acting through the superintendent of  
          the Langley Porter Clinic, shall plan, conduct, and cause  
          to be conducted scientific research into the causes and  
                                                           CONTINUED





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          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. 

          This bill:

          1.Removes the requirement that DMH, acting through the  
            Langley Porter Clinic, 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.  

          2.Requires DMH to plan, conduct, and cause to be conducted  
            scientific research into sex crimes against children and  
            into the methods of identifying those who commit sexual  
            offenses.  

           Background
           
          According to the American Psychological Association (APA),  
          the concept of sexual orientation refers to more than  
          sexual behavior.  It includes feelings as well as identity.  
           Some individuals may identify themselves as gay, lesbian,  
          or bisexual without engaging in any sexual activity.  Some  
          people believe that sexual orientation is innate and fixed;  
          however, sexual orientation develops across a person's  
          lifetime. Individuals may be become aware at different  
          points in their lives that they are heterosexual, gay,  
          lesbian, or bisexual.

          According to the APA, all major professional mental health  
          organizations have gone on record to affirm that  
          homosexuality is not a mental disorder. 

          In 1973 the APA's Board of Trustees removed homosexuality  
          from its official diagnostic manual, the DSM, Second  
          Edition. The action was taken following a review of the  
          scientific literature and consultation with experts in the  
          field. The experts found that homosexuality does not meet  
          the criteria to be considered a mental illness.

          The APA reports that no one knows what causes  







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          heterosexuality, homosexuality, or bisexuality.   
          Homosexuality was once thought to be the result of troubled  
          family dynamics or faulty psychological development.  Those  
          assumptions are now understood to have been based on  
          misinformation and prejudice.  Currently there is a renewed  
          interest in searching for biological causes for  
          homosexuality, although, to date there have been no  
          replicated scientific studies supporting any specific  
          biological etiology for homosexuality.  Similarly, no  
          specific psychosocial or family dynamic cause for  
          homosexuality has been identified, including histories of  
          childhood sexual abuse. Sexual abuse does not appear to be  
          more prevalent in children who grow up to identify as gay,  
          lesbian, or bisexual, than in children who identify as  
          heterosexual.

          In 1992, the APA, recognizing the power of the stigma  
          against homosexuality, issued the following statement:

               Whereas homosexuality per se implies no impairment in  
               judgment, stability, reliability, or general social or  
               vocational capabilities, the American Psychiatric  
               Association calls on all international health  
               organizations and individual psychiatrists in other  
               countries, to urge the repeal in their own country of  
               legislation that penalized homosexual acts by  
               consenting adults in private.  And further the APA  
               calls on these organizations and individuals to do all  
               that is possible to decrease the stigma related to  
               homosexuality wherever and whenever it may occur.

           FISCAL EFFECT  :    Appropriation:  No   Fiscal Com.:  Yes    
          Local:  No

          According to the Senate Appropriations Committee: 

                          Fiscal Impact (in thousands)

           Major Provisions                2010-11     2011-12     
           2012-13   Fund  
          Sex crimes research           $1800 over 3 yearsGeneral

           SUPPORT  :   (Verified  8/18/10)








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          Equality California (source) 
          AIDS Project Los Angeles  
          American Civil Liberties Union 
          Berkeley City Council
          California Association of Marriage and Family Therapists
          California Communities United Institute
          California Mental Health Directors Association
          California Psychological Association
          California Teachers Association
          California Women Lawyers
          Disability Rights California
          Los Angeles County Democratic Party
          Sacramento Lawyers for the Equality of Gays and Lesbians

           OPPOSITION  :    (Verified  8/18/10)

          International Healing Foundation
          Parents and Friends of Ex-Gays and Gays

           ARGUMENTS 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  







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          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."

           ARGUMENTS 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 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."  
           

           ASSEMBLY FLOOR  :  
          AYES:  Adams, Ammiano, Beall, Bill Berryhill, Blakeslee,  
            Block, Blumenfield, Bradford, Brownley, Buchanan,  
            Caballero, Charles Calderon, Carter, Chesbro, Conway,  
            Cook, Coto, Davis, De La Torre, De Leon, DeVore,  
            Emmerson, Eng, Evans, Feuer, Fletcher, Fong, Fuentes,  
            Gaines, Galgiani, Garrick, Gilmore, Hagman, Hall, Harkey,  
            Hayashi, Hernandez, Hill, Huber, Huffman, Jeffries,  
            Jones, Knight, Lieu, Logue, Bonnie Lowenthal, Ma,  
            Mendoza, Miller, Monning, Nava, Nestande, Niello,  







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            Nielsen, Norby, Portantino, Ruskin, Saldana, Silva,  
            Skinner, Smyth, Solorio, Audra Strickland, Swanson,  
            Torlakson, Torres, Torrico, Tran, Villines, Yamada
          NOES:  Anderson
          NO VOTE RECORDED: Arambula, Bass, Tom Berryhill, Fuller,  
            Furutani, V. Manuel Perez, Salas, John A. Perez 


          CTW:nl  8/18/10   Senate Floor Analyses 

                         SUPPORT/OPPOSITION:  SEE ABOVE

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