A3371/S2278, the bill to ban counseling efforts to change a minors' sexual orientation, has passed both houses of the NJ legislature. Absent intervention by governor Christie, parents in NJ can no longer seek professional (including psychiatric) help for their minor children struggling with their sexual identity if such counseling includes any manner of redirection of the child's "stated" gender affectional preference, even if the professional believes the affections to be misguided and/or mistaken. In saying what I am saying, I am in no way condoning the recently reported ridiculous and harmful practices allegedly utilized by members of the psychiatric community in this regard, assuming such reports are true.
What is of concern to me is that fact that this bill presents an impermissible intrusion into a parent's right to bring up their minor children according to the precepts of their particular faith without intervention by the government. The issue of gender identity is integrally tied to foundational religious beliefs affecting a majority of Americans - Beliefs which must be respected and over which the state cannot constitutionally intrude, irrespective of popular opinion to the contrary.
In light of this legislation, it would appear that mental health care professionals who are devout Muslims, Jews, or Christians are now at a crossroads in terms of reconciling their professions with their respective faiths. Licensed School teachers are sure to follow if they work in a school, public, private, or parochial, "licensed" by the State of New Jersey. This is a matter of a person's right to hold to their religious convictions and to impose the same onto their children, convictions held sacrosanct for thousands of years. To summarily dismiss and to publicly disparage and ridicule the views of millions of decent, law-abiding Americans who happen to hold to strong religious convictions on a particular matter of great moral controversy, and to now legislatively force a particular secular view into how parents choose to care for their children's psychological/psychiatric health, is simply both "un-American" and unconstitutional.
The practice in many Christian churches in Germany during WWII was to sing louder so as to drown out the screams of millions of Jews as they were herded to their deaths in Nazi concentration camps on train tracks near church buildings. Singing louder did not save the life of one precious Jew. When it comes to enacting legislation that directly or indirectly affects our religious beliefs or the manner in which we choose to raise our children, we can either sing or fight. I would highly recommend that we learn from past mistakes. Though I would legally fight for the right of any person not be discriminated against in terms of housing, employment, etc., I would fight even more strongly for people to be able to practice their faith unimpeded by government, a right guaranteed by the First Amendment.
Lest there be any confusion as to my statements, here is the full text of the bill…
SENATE, NO. 2278
An Act concerning the protection of minors from counseling attempts to change sexual orientation and supplementing Title 45 of the Revised Statutes.
Be It Enacted by the Senate and General Assembly of the State of New Jersey:
1. a. A person who is licensed to provide professional counseling under Title 45 of the Revised Statutes, including, but not limited to, a psychiatrist, licensed practicing psychologist, certified social worker, licensed clinical social worker, licensed social worker, licensed marriage and family therapist, certified psychoanalyst, or a person who performs counseling as part of the person's professional training for any of these professions, shall not engage in sexual orientation change efforts with a person under 18 years of age.
b. As used in this section, "sexual orientation change efforts" means the practice of seeking to change a person's sexual persuasion, including, but not limited to, efforts to change behaviors or gender expressions, or to reduce or eliminate sexual or romantic attractions or feelings toward a person of the same gender; except that sexual orientation change efforts shall not include counseling that:
(1) provides acceptance, support, and understanding of a person or facilitates a person's coping, social support, and identity exploration and development, including sexual persuasion-neutral interventions to prevent or address unlawful conduct or unsafe sexual practices; and
(2) does not seek to change sexual persuasion.
2. This act shall take effect immediately.
STATEMENT
This bill prohibits counseling to change the sexual orientation of a minor.
Under the provisions of the bill, a person who is licensed to provide professional counseling, including, but not limited to, a psychiatrist, licensed practicing psychologist, certified social worker, licensed clinical social worker, licensed social worker, licensed marriage and family therapist, certified psychoanalyst, or a person who performs counseling as part of the person's professional training, is prohibited from engaging in sexual orientation change efforts with a person under 18 years of age.
The bill defines "sexual orientation change efforts" as the practice of seeking to change a person's sexual persuasion, including, but not limited to, efforts to change behaviors or gender expressions, or to reduce or eliminate sexual or romantic attractions or feelings toward a person of the same gender. The term, however, does not include counseling that: provides acceptance, support, and understanding of a person or facilitates a person's coping, social support, identity exploration and development, including sexual persuasion-neutral interventions to prevent or address unlawful conduct or unsafe sexual practices; and does not seek to change sexual persuasion.
