An appeal court has sided with California and upheld
the first law in America banning psychological treatment that seeks to
turn gay youths straight.
In a resounding, unanimous opinion, a three-judge panel of the
9th US Circuit Court of Appeals found the state law barring the
so-called gay aversion therapy legal in every respect.
The judges
said trying to change a minor's sexual orientation through intense
therapy appeared dangerous, and that California politicians properly
showed that the sexual orientation change efforts were outside the
scientific mainstream and have been rejected for good reason.
"One
could argue that children under the age of 18 are especially vulnerable
with respect to sexual identity and that their parents' judgment may be
clouded by this emotionally-charged issue as well," Judge Susan Graber
wrote for the court panel.
The California Legislature cited
reports, experts and anecdotes involving suicides, substance abuse and
other behaviour by young recipients of the therapy before members voted
last year to ban it for minors.
"Efforts to change a young person's
sexual orientation pose critical health risks, including depression,
shame, decreased self-esteem, social withdrawal, substance abuse,
self-harm and suicide," Lambda Legal, which defends gay rights, said after Thursday's ruling.
The
activities of pastors and lay counsellors who are unlicensed but
provide such therapy through church programmes are not covered by the
law.
New Jersey governor Chris Christie has signed a similar law that would also outlaw the therapy in his state.
Liberty
Counsel, a Christian legal aid group that represents supporters of the
practice, said it would either ask a larger panel of the court to
reconsider the decision or petition the US Supreme Court to take up the case. The group is also fighting the New Jersey law.
"The
minors that Liberty Counsel represents do not want to act on same-sex
attractions, nor do they want to engage in such behaviour," the group
said in a statement. "They are greatly benefiting from this
counselling."
Liberty and other backers of the therapy argue that politicians have no conclusive, scientific proof that the therapy does harm.