BILL ANALYSIS ------------------------------------------------------------ |SENATE RULES COMMITTEE | AB 2199| |Office of Senate Floor Analyses | | |1020 N Street, Suite 524 | | |(916) 651-1520 Fax: (916) | | |327-4478 | | ------------------------------------------------------------ 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 AB 2199 Page 2 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 AB 2199 Page 3 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) AB 2199 Page 4 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 AB 2199 Page 5 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, AB 2199 Page 6 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 **** END ****