Earlier this
summer, a bill (Senate Bill 1172) was passed in California that bans the use of
what is commonly referred to as ‘conversion therapy’ on LGBTQ minors in the
state. Any mental health provider who attempts to convert the sexual
orientation of a minor in California- regardless of their parents’ wishes-
faces the charge of “unprofessional conduct” as stated in the bill. Even while
backed by entities such as the American School Counselor Association, who are
quoted in the legislation as stating, “sexual orientation is not an illness and
does not require treatment,” this bill clearly raises questions of whether or
not it is just legislation.
After discussing
the rights of minors in class the other day, this is especially interesting
because while protecting the rights of minors in California the state is also
limiting the role and extent of how parents are allowed to raise their
children. As we discussed earlier, people will always have their biases, but we
did come to a conclusion that discrimination is not just under any
circumstances.
I would argue that
this is a just act due to the already limited rights of minors up until the age
of eighteen in the United States as well as the discriminatory practices in
place against this minority in our nation. The tricky part of this is that while
adding to the rights of the youth, it is also taking away that of the parents. What
tips the argument over the edge, however, is that while parents should have the
ending say in how to raise their children, their child’s sexual orientation is
not a matter of parenting.
the bill:
http://leginfo.legislature.ca.gov/faces/billNavClient.xhtml?bill_id=201120120SB1172
Mary Harrell
Your last sentence is so true, Mary. Any person's sexual orientation is not a matter of parenting or opinion, it a very personal element of that individual's identity. Perhaps it is too much of a teleological thought process to say that the means justify the ends in this situation. If this law prevents the psychological damage of a child, is this law not written with the same intentions as laws that prevent child abuse? The goal of those laws is to prevent parents from inflicting unnecessary damage on their children. Even so, this law is not written to prevent parents from discouraging a homosexual orientation in their children, but to keep professionals from inflicting emotional damage upon a minor (a demographic already more emotionally sensitive than others). It is the just role of the government to create laws for professional fields.
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