Ending Reparative Therapy in Minors: An Appropriate Legislative Response

Abstract

Reparative Therapy is a controversial Psychological practice designed to “cure” subjects, many of whom are minors, of their homo/bisexuality. These attempts to alter sexual orientation are not only generally met with failure, but also frequently involve the use of therapy methods that provide no medical benefit and carry a great risk of harm. Most troubling about this practice though is that for years, there have been persistent reports of Lesbian, Gay, and Bisexual (LGB) minors being forcibly subjected to this therapy by their parents. It is known that providers of Reparative Therapy, who maintain that homosexuality is a treatable mental disorder, often mislead parents about the risks of the treatment and the therapy's likelihood of success. This Note proposes a state ban on Reparative Therapy, which would prohibit Reparative Therapy Practitioners from using psychological methodologies to attempt to alter the sexual orientation of minors. Modeled off the statutes of New Jersey and California, this ban would protect LGB minors from ineffective and harmful therapies, and do so in a way that does not violate patients, parents, or practitioners' rights under the 1st and 14th Amendments. Key Points for the Family Court Community: Therapeutic attempts to “cure” homosexuality, collectively referred to as “Reparative Therapy,” are widely condemned by most mental health organizations as dangerous and ineffective. There have been many problematic reports of LGB minors being forced into Reparative Therapy, often by parents who have been misled or left unaware of the numerous potential harms that have been associated with the practice like depression, self‐harm, and suicide. State Bans on Reparative Therapy as applied to minors, as seen in New Jersey and California, are an efficient way to protect minors from being subjected to this practice without penalizing parents, who in most cases are acting in good faith.