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Group says lawsuit filed against gay conversion “therapy” ban law

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Illinois

On Thursday, Pastors Protecting Youth (PPY), an association of Illinois pastors, filed a Federal lawsuit against the State of Illinois in regards to the Youth Mental Health Protection Act, the state’s newly enacted ban on sexual identity counseling for minors. The suit maintains that the ban unconstitutionally restricts a young person’s right to make personal choices regarding his or her own choice of sexual identity, as well as the pastors’ right to free speech and the exercise of religion.

The Act, which went into effect January 1, 2016, bans any licensed counselor from helping a young person who is seeking to overcome unwanted same-sex attractions. The Act further states that any “person or entity” in “any trade or commerce” who offers sexual identity counseling in a manner that portrays homosexuality as a disorder or illness, is guilty of consumer fraud. PPY is seeking a Declaratory Judgment from the court stating that the law should not apply to pastoral counseling which informs counselees that homosexuality conduct is a sin and disorder from God’s plan for humanity.

PPY’s attorney John W. Mauck of Mauck & Baker, LLC, says, “We are most concerned about young people who are seeking the right to choose their own identity. This is an essential human right. However, this law undermines the dignity and integrity of those who choose a different path for their lives than politicians and activists prefer. Each person should be free to receive Biblical and spiritual counseling from the pastor of their choice to help them orient their sexuality.”

Pastor Steven Stultz of Nu-Church Apostolic Ministries of East Garfield says, “In 1 Corinthians 6:9, the Apostle Paul writes to those who had overcome many sins including homosexuality, stating, ‘such were some of you’ but you were changed through God’s healing. I have personally witnessed many people change their sexual orientation through counseling and know it is possible. The government is interfering into someone’s private decisions. This ban on counseling creates fear in the people most in need of comfort and support.”

I’ve asked for a copy of the lawsuit, but have yet to hear back from the lawyers.

* From the Windy City Times…

The Youth Mental Health Protection Act, which was sponsored in the House by state Rep. Kelly Cassidy and in the Senate by state Sen. Daniel Biss, was signed into law by Gov. Bruce Rauner in Aug. 2015. The law forbids mental health providers from engaging in therapeutic practices aimed at changing the sexual orientation of a minor. […]

“Fundamentally, this isn’t surprising,” said Cassidy. “In every state where we’ve had this kind of law, they’ve challenged it, and every time, they’ve lost. So we’re ready.”

Numerous psychiatric and medical professional associations have said conversion therapy doesn’t work, and can lead to further psychological damage to a patient. An American Psychiatric Association position statement said, “Psychotherapeutic modalities to convert or ‘repair’ homosexuality are based on developmental theories whose scientific validity is questionable.

Furthermore, anecdotal reports of ‘cures’ are counterbalanced by anecdotal claims of psychological harm. In the last four decades, ‘reparative’ therapists have not produced any rigorous scientific research to substantiate their claims of cure. Until there is such research available, [the American Psychiatric Association] recommends that ethical practitioners refrain from attempts to change individuals’ sexual orientation, keeping in mind the medical dictum to first, do no harm.”

posted by Rich Miller
Thursday, Aug 11, 16 @ 10:20 am

Comments

Sorry, but politics used to prevent one from counseling needed to come out as gay, and now politics has decided to prevent one from counseling to not be gay.

Choose wisely. Sexuality is now political, even for minors discovering it.

Comment by VanillaMan Thursday, Aug 11, 16 @ 10:37 am
It’s not really the choice of the minors this was designed to stop. It was designed to stop parents from forcing their choices on the minors. Once the minors reach majority they can pursue (or not) whatever counseling they wish but in my experience this is a “nature” issue that can’t be counseled away.

As for the pastors’ supposed free speech and freedom of religion arguments, they are free to say whatever they want and practice their religion, they’re just not entitled to have this particular audience be forced to listen to them.

Comment by Ron Burgundy Thursday, Aug 11, 16 @ 10:38 am
I think the lawsuit is actually being filed against the ban, not the therapy…?

I would be sympathetic to some of their fears, but the reality is that this “therapy” is generally pressed on kids by family and social groups, and any kid’s desire to “convert” is heavily influenced by those pressures. It’s not unlike citing that homosexuals are statistically less happy as an argument against homosexuality. That, and the lack of scientific viability to the therapy, are more than enough to ban it in my book.

Nor am I impressed by the claim a pastor would not be allowed to tell his flock that homosexuality is a sin; I’ll start worrying about that after the first pastor’s forced to perform a gay marriage.

Comment by Threepwood Thursday, Aug 11, 16 @ 10:50 am
The courts have upheld the ban in California and New Jersey.

Comment by Bleh Thursday, Aug 11, 16 @ 11:02 am
“bans any licensed counselor” I wonder how many religious “counselors” are actually licensed by the state. If they’re just providing religious counseling in the area of homosexuality, I doubt they’re covered.

Comment by NoGifts Thursday, Aug 11, 16 @ 11:22 am
Vanilla Man, this is not about politics. This is about preventing a harmful “therapy” being foisted on children and teens by homophobic adults. This so-called therapy has no scientific benefit and increases the risk of suicide. Banning it is the same as banning a toxic substance or mandating car seats and seat belts. Not politics, just common sense and decency.

Comment by Pawn Thursday, Aug 11, 16 @ 11:30 am
“I wonder how many religious ‘counselors’ are actually licensed by the state. If they’re just providing religious counseling in the area of homosexuality, I doubt they’re covered.”

I suspect that state licensing is a requirement for this “therapy” to be covered by insurance.

– MrJM

Comment by @MisterJayEm Thursday, Aug 11, 16 @ 11:37 am
Pastors Protecting Their Bank Accounts is a better name for these charlatans.

Comment by Cheryl44 Thursday, Aug 11, 16 @ 11:43 am
– The Act further states that any “person or entity” in “any trade or commerce” who offers sexual identity counseling in a manner that portrays homosexuality as a disorder or illness, is guilty of consumer fraud. –

That part covers everyone, licensed or not.

Comment by Ron Burgundy Thursday, Aug 11, 16 @ 11:49 am
Exactly, MrJM and Cheryl. Promote your backward beliefs on your own dime, not ours, and don’t call it health care. The end.

Comment by crazybleedingheart Thursday, Aug 11, 16 @ 11:50 am
On the plus side, if this ever gets to trial, PPY will have to attempt to introduce “evidence” and ” to back up the claim, which may involve “science”, that this type of therapy is effective. That could certainly be entertaining.

Comment by benniefly2 Thursday, Aug 11, 16 @ 11:54 am
“The Act further states that any ‘person or entity’ in ‘any trade or commerce’ who offers sexual identity counseling in a manner that portrays homosexuality as a disorder or illness, is guilty of consumer fraud.”

The actual language of the statute: “No person or entity may, in the conduct of any trade or commerce, use or employ any deception, fraud, false pretense, false promise, misrepresentation, or the concealment, suppression, or omission of any material fact in advertising or otherwise offering conversion therapy services in a manner that represents homosexuality as a mental disease, disorder, or illness, with intent that others rely upon the concealment, suppression, or omission of such material fact. A violation of this Section constitutes an unlawful practice under the Consumer Fraud and Deceptive Business Practices Act.” — 405 ILCS 48/25 (emphasis added)

– MrJM

Comment by @MisterJayEm Thursday, Aug 11, 16 @ 12:23 pm
It’s doomed to failure, not because of the merits but because the winds of the times are against it. There is no proof of the “normality” of homosexual behavior other than we say it’s normal behavior. It certainly isn’t from a sexual reproductive perspective. But the law is there and we have to live with it until we change our minds again.

Comment by NeverPoliticallyCorrect Thursday, Aug 11, 16 @ 12:46 pm
“There is no proof of the ‘normality’ of homosexual behavior other than we say it’s normal behavior.”

That circular argument was garbage when it was marshaled to support anti-miscegenation laws. Its smell hasn’t improved with age.

– MrJM

Comment by @MisterJayEm Thursday, Aug 11, 16 @ 1:23 pm
Whats so fascinating about the current election is how the *xtians* have endorsed a candidate who has been thrice married and openly talks about his sexual conquests.

Yet they are judge, jury, and executioner about the last Democratic President.

The hypocrisy of *xtians* and so-called *Conservatism* has been exposed. Its small government when it comes to regulating things like the food or water supply.

But when its comes to your personal life one need only look at McCroryCare….Government Bathroom Regulations.

Comment by Doug Simpson Thursday, Aug 11, 16 @ 1:41 pm
I am fairly certain that no court would ever hold that a preacher preaching constitutes “any trade or commerce”. Plus, saying something is a sin according to one’s own religious teachings/beliefs is not “deception, fraud, false pretense, false promise, misrepresentation, or the concealment, suppression, or omission of any material fact.”

Just sayin’

Comment by Think About It Thursday, Aug 11, 16 @ 1:54 pm
==“No person or entity may, in the conduct of any trade or commerce,(…)” == I don’t think pastors are in a trade or commerce.

Comment by NoGifts Thursday, Aug 11, 16 @ 1:55 pm
“miscegenation”

Golf clap for the word choice MrJM.

Comment by Dee Lay Thursday, Aug 11, 16 @ 3:17 pm