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 ****