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reflects misguided and out-of-date science, it enshrines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