Sexual Orientation Change Efforts, Conservative Christianity and Resistance to Sexual Justice
Abstract
:1. Introduction1
Sexual orientation identity refers to acknowledgment and internalization of sexual orientation and reflects self-exploration, self-awareness, self-recognition, group membership and affiliation, culture, and self-stigma. Sexual orientation identity involves private and public ways of self-identifying and is a key element in determining relational and interpersonal decisions, as it creates a foundation for the formation of community, social support, role models, friendship, and partnering (references omitted)
2. Background
This emphasis on sexual identity resulted in the creation of a culture of homophobia:…if heterosexuality was natural and essential for survival and a social stable order, men and women should continue to occupy different roles. Asserting a clear heterosexual identity became a way to flag a normal gender identity. Heterosexuality came to be associated with a person’s core self-identity and its meaning was centred on being sexually attracted to the opposite sex
As heterosexuality became an important way to demonstrate a normal sexual and gender identity, homosexuality represented a deviant status. Not only was sexual attraction to a person of the same sex stigmatized, but gender deviance was disapproved of as a sign of homosexuality. The result was that men and women feared exhibiting any gender traits that deviated from norms of masculine men and feminine women. A sexual system that aggressively enforced heterosexuality as a norm aimed to shore up a fragile gender order marriage
The authors’ noted that their data ‘show how assumptions about public morality and professional authority can lead to the medicalisation of human differences and the infringement of human rights’ (King et al 2004, p. 3).Most (mental health professionals) doubted the treatment’s efficacy, however, and came to question whether they were acting in patients’ best interests. They began to think that treatment was underpinning questionable social values and that patients might say anything to convince them that it had worked to avoid yet more treatment or further legal repercussions (for example when receiving treatment as an alternative to prison)
3. Methodology and Method
4. Results: Explanation and Discussion
4.1. The Organisations’ Relationship to God or Religion
[SOCE] etiologies of homosexuality presume a natural link between sex (male), normative gender identity (masculine), and its progeny, heterosexual desire. [SOCE] discourses identify sex differences as the most basic, defining feature of humanity and conflate biological sex with gender identity, which scripts one’s relationships and designates one’s place in society. Ex-gay theology asserts that sex differences are divinely created and ordained, justifying distinct social and sexual scripts in the family and society
God-Given Gender and Complementarity
4.2. Characteristics of the Organisations
4.2.1. Authority of the Organisation
This extract shows a straw man argument, hypothesising (implausibly) about the UN Committee Against Torture’s future behaviour, and the legality of this hypothetical behaviour.5 (The High Commissioner recently recommended that States address violence by, inter alia, banning ‘conversion therapy’ (United Nations High Commissioner for Human Rights 2015, para. 78 (g)), noting that:Clearly whatever the committee’s response to the delegation’s reply on the 13th of November in the weeks that follow, and however the committee ultimately reports on the matter, their findings are not legally binding on the state. I think the CAT body may well exceed its mandate if it conveys the impression that committee recommendations on the matter of so called ‘conversion therapy’ are to be read as UN law, thereby sanctioning the persecution of therapists practicing SOCE ethically. To convey this idea will lead to the further identification, and expulsion from professional and licensing bodies—based on ideological and spurious ethical charges—of innocent professional therapists and counsellors. It is vital that the public in whichever country they reside, understand this, and that they are vigilant as to the dangers of hate speech that might be extended towards these professionals, as a result of any poorly investigated demand by LGBT activists at a politicised committee which has no legislative authority
The Core Issues extract also suggests the Committee’s behaviour might give the impression that ‘persecution’ or ‘hate speech’ by national governments against ‘ethical’ SOCE practitioners was legal. Here, the Trust is engaged in canny borrowing of progressive language to underline its status as a marginalised group in need of protection.There is mounting concern about so-called “conversion therapies” intended to “cure” homosexual attraction. Such therapies have been found to be unethical, unscientific and ineffective and, in some instances, tantamount to torture – leading to successful legal challenges and bans in several countries
4.2.2. Integrity of the Organisation
2015 marks the ongoing compliance of Christian leaders with a growing world-wide totalitarian approach to sexual ethics ultimately designed to demean, criminalise and annihilate Judeo-Christian foundations of family, fidelity, and the sanctity of true marriage. This is the triumph of the rise of the pansexual movement: it has persuaded a naive Christian leadership that its goals are egalitarian, democratic and benign
4.2.3. Organisation as Champion
4.2.4. Some Markers of Reputable Practice
In working educatively, rather than to indoctrinate its values, the charity encourages the interrogation of ideology, both religious and secular, through analysis and critique of diverse perspectives and readings of the literature relating to human sexuality and Christian living. In so doing, it fosters cross- and inter-cultural competence […] Core Issues Trust promotes tolerance, and co-existence with and between groups holding conflicting view-points. It supports the freedoms of conscience, self-determination and LGBTI dignity
Whether NARTH does treat all sexual orientations equally is a question of fact that I am not able to establish here, though that claim seems incompatible with their views on the desirability of SOCE. What is more clear is that their claim to multicultural competence is not compatible with the definition proffered by the APA’s Task Force, who, among other things, see a multiculturally competent and affirmative approach as based on the acceptance of the fact that:Psychologists are aware of and respect cultural, individual, and role differences, including those based on age, gender, gender identity, race, ethnicity, culture, national origin, religion, sexual orientation, disability, language, and socioeconomic status and consider these factors when working with members of such groups. Psychologists try to eliminate the effect on their work of biases based on those factors, and they do not knowingly participate in or condone activities of others based upon such prejudices (Principle E: Respect for People’s Rights and Dignity)
As far as I can discover, Core Issues does not make a similar claim about psychotherapeutic practice—though it does claim to inculcate respect for diversity and LGBTI dignity (Core Issues Trust 2016b); see the discussion below.same-sex sexual attractions, behavior, and orientations per se are normal and positive variants of human sexuality—in other words, they do not indicate either mental or developmental disorders… Gay men, lesbians, and bisexual individuals form stable, committed relationships and families that are equivalent to heterosexual relationships and families in essential respects
4.2.5. Organisation as Compassionate
Core Issues’ sensitivity and understanding does not seem to extend to recognising same-sex attractions as natural, normal, and non-pathological.The Church of Christ has a responsibility to support, with patience, understanding, sensitivity and respect, individuals who chose to work through those issues that have led to the homosexual impulse. The process of change is often exceedingly painful and requires the support of skilful mentors and a loving community in order to promote wholeness and restoration
subjectively neutral or positive attitudes, myths and beliefs that express concern for the physical, emotional or cognitive well-being of nonheterosexual persons while concurrently denying, denigrating, stigmatizing and/or segregating any nonheterosexual form of behavior, identity, relationship, or community(Walls 2008).
And the benefits of SOCE (‘therapy saved my life’ (NARTH Institute 2016)).Prayer, fasting, talking to other people about it, asking for their prayer, greater and greater efforts to avoid falling into what I the bible terms as ‘sin’. This is a discouraging and soul destroying experience which can leave you emotionally drained and disheartened and wondering if you’ll ever be able to live apart from homosexuality in your life. I am here to tell you that there is hope, but not from the same methods you’ve been using and trying harder at
4.3. Attack on Opposing Views
4.3.1. Anti-Christianity
In reality what we see in the motive of this Bill, is brazen determination that all UK citizens, regardless of whether they are of a faith or no-faith background, be forced to embrace a socialisation process that seeks to overthrow Judaeo-Christian values that have underpinned the western world for centuries
‘It [anti-SOCE legislation] is the latest sophisticated manifestation of a new anti-Semitism that also seeks, as it did in the days of the rise of the German National Church, to strip the Christian Gospel of any vestige of the Jewish heritage which includes a call to sexual purity and rejection of homosexual practice’
‘the Bill seeks to give the government control over what Christians may believe and teach about sexual ethics, because it would set into law the idea that to attempt to change sexual orientation is “harmful”. But even more seriously, it seeks to take away from God the right to bring change in a particular area of human life. It is directly contradicting God’s word. It is claiming for itself the authority to pervert the Law of God…’
4.3.2. An anti-SOCE Position Hides an Ideological Agenda
One possible reason for such marginalization is the increasing number of resolutions, position statements, and practice guidelines produced by professional psychological associations that are related to therapeutic approaches to sexual orientation (e.g., American Psychological Association, 2000, 2009). […] Specifically, they often appear to be produced by partisan committees whose members do not generally share the goals, values, or worldviews of many clients who seek assistance in changing unwanted same-sex attractions and associated feelings, fantasies, and behaviors
This seems to miss the point: a memorandum of understanding between the UK’s major psychological professional bodies is simply a memorandum of understanding: a formal (though non-legal) agreement between parties. This is not the same thing as a research report.It is important to note that this Memorandum of Understanding openly acknowledges an ideological basis for those associating with it, saying “it is informed by a position that efforts to try to change or alter sexual orientation through psychological therapies are unethical and potentially harmful”. In its failure both to cite conclusive peer-reviewed scientific evidence to support these claims, and without admitting dissenting voices to debate contested areas, the Memorandum of Understanding remains a political statement uncritically promoting gay ideology
4.3.3. Homosexual Indoctrination
Acceptance of people simply having a homosexual orientation violates a proper sense of right and wrong; even churches are becoming polluted by this notion; there are parallels between accepting homosexuality as an orientation and with pagan practices denounced in the Bible.those who sense that this notion of ‘orientation’ is being used to usher in acceptance—particularly of homosexuality—as a normal and natural variant of human experience and sexual expression. They sense that this seemingly unstoppable trend is at variance with an even more primary sense of right and wrong that they have grown up with and hold dear. They may also sense that this new movement that has begun to find acceptance in churches or sacred spaces, has a deep resonance with very ancient ideas about sexuality that are of dubious origin [presumably, paganism as practised by the ancients]. Their spiritual radar warns them that our culture is under threat
4.3.4. Doubting/Discrediting
No actual example of the use of this technique in respect of sexual orientation change efforts (SOCEs) in the USA was cited by the complainant Mr Samuel Brinton who is sponsored by the National Centre for Lesbian Rights (NCLR), in California […] What is unknown is whether the committee has ascertained the date, place and identity of the provider of conversion therapy Mr Brinton claims damaged him, and whether or not his father, who he claims abused him, has been prosecuted
…at the top of page 17 there is a quote from someone who obviously sees discrimination and homophobia everywhere… If homophobia is so widely defined it is likely that the survey will reflect inflated results. Such a vague approach to data gathering cannot safely be used for the basis of EU policy and strategy
4.4. Claim to (Superior) Scientific Knowledge and Integrity
4.4.1. Homosexuality is not Normal
4.4.2. SOCE Is Good for Clients
This idea is consistent with the opinion that to experience same-sex attraction is to suffer from some kind of immaturity or arrested development (see the discussion above).‘There is a story that isn’t being told in the mainstream media about sexuality research, therapeutic self-determination, caring licensed counselors, and grateful clients who have experienced personal growth in their individual counseling experiences. You—as an individual who has experienced this clinical help or as a counselor who has shared the experience of growth in a clinical setting—can change these misperceptions by sharing your story’
An emphasis on healing the brokenness of same-sex attracted persons was also noted in Arthur et al. (Arthur et al. 2014).‘Merely abstaining from homosexual activity, although admirable, cannot be regarded as healing. Heterosexual preference is the goal of gender-affirming therapy and this may often lead to marriage’
4.4.3. Standard Treatment is Mistaken and Harmful
4.4.4. Rebranding
4.4.5. Claim to Be at the Forefront of Knowledge
Somehow, the ‘new research’ about fluidity is seen as evidence that SOCE ought to be permitted (Rosik n.d.). This assumption that science can tell us what social, political and ethical decisions we need to make, however is rarely justified (Bailey et al. 2016), and Rosik’s piece is no exception to this rule (see Beyleveld and Brownsword (Beyleveld and Brownsword 1994, chp. 1) for discussion of errors in ‘ought implies can’ arguments). Although evidence that sexual orientation can change doesn’t prove that it ought to be changed, it does undermine one objection to that view.6NEW RESEARCH SHEDS LIGHT ON FLUIDITY: Study has implications for legislative efforts to ban change-oriented therapy. Conventional wisdom within the sexual orientation literature is that women experience changes in their sexual attractions and identities far more than men. However, new research is challenging the notion that such fluidity is rare in men…
4.4.6. Debunking
4.5. Respecting Self-Determination/Autonomy
4.5.1. Supporting People’s Choices to Diminish Same Sex Attraction
It is not the case that sexual orientation is immutable or might not vary to some extent in a person’s life. Nevertheless, sexual orientation for most people seems to be set around a point that is largely heterosexual or homosexual. Bisexual people may have a degree of choice in terms of sexual expression in which they can focus on their heterosexual or homosexual side
AndWe were not persuaded by this argument, as it encourages LMHP [licensed mental health providers] to provide treatment that has not provided evidence of efficacy, has the potential to be harmful, and delegates important professional decisions that should be based on qualified expertise and training—such as diagnosis and type of therapy. Rather, therapy that increases the client’s ability to cope, understand, acknowledge, and integrate sexual orientation concerns into a self-chosen life is the measured approach
There seem to be are two conceptions of autonomy or self-determination in conflict here. The NARTH/Core Issues model declares that the client knows best about their desire for SOCE, and should be supported in this. The mainstream psychotherapeutic view is that of APA (APA 2009), above, and that of the UKCP. The UKCP’s Ethical Principles and Codes of Professional Conduct: Guidance on the Practice of Psychological Therapies that Pathologise and/or Seek to Eliminate or Reduce Same Sex Attraction are worth quoting at length to explain the nuances of this position:We believe that simply providing SOCE to clients who request it does not necessarily increase self-determination but rather abdicates the responsibility of LMHP to provide competent assessment and interventions that have the potential for benefit with a limited risk of harm
- (a)
- Research has shown that offering, or agreeing to the client’s request for, therapy for the reduction of same sex attraction is not in a client’s best interests. (Drescher, Shidlow and Schroeder, 2002).
- (b)
- An ethical response to a request by a client for psychotherapy to reduce same sex attraction would be to establish a clear contract with the client regarding the nature of psychotherapy as a process rather than an outcome, and to share with the client basic information on the findings of research on therapy that aims to change or reduce same sex attraction, which is that research does not suggest this therapy is effective, although sometimes limited effect has been reported. There is overwhelming evidence that undergoing such therapy is at considerable emotional and psychological cost.
- (c)
- A competent first response to a request by a client for psychotherapy to reduce same sex attraction would be to establish where the pressures are coming from for the client to seek making such a change.
- 1.7
- The psychotherapist undertakes to respect their client’s autonomy.
- 1.8
- The psychotherapist undertakes not to harm or collude in the harming of their client or a client of others.
Agents persist through time; and so […] an agent’s point of view is not simply a function of whatever mental state(s) she happens to be in at some point in time. Because an agent’s plans play a crucial role in ensuring that she is more than a mere collection or sequence of mental states, it is reasonable to think that whether her motives have her support depends on whether they are constrained by these plans. So, too, it is reasonable to think that her stance toward her motives is determined by her long-term values and/or her relatively stable commitments and cares(Buss 2013).
4.5.2. Telic Congruence
‘The Church of Christ has a responsibility to support, with patience, understanding, sensitivity and respect, individuals who chose to work through those issues that have led to the homosexual impulse. The process of change is often exceedingly painful and requires the support of skilful mentors and a loving community in order to promote wholeness and restoration’
4.5.3. The Context of Self-Determination
This, incidentally, is not what is recommended by the UKCP’s Guidance on the Practice of Psychological Therapies that Pathologise and/or Seek to Eliminate or Reduce Same Sex Attraction (UKCP 2016).The BPA tried him against a set of so-called “Ethical Principles” of the UK Council for Psychotherapy that are themselves anything but ethical. These principles say: “It is not a sufficient defence for a therapist to argue that...they were acting in the client’s best interests, or...autonomy, as offering such therapy would be...reinforcing their externalised and internalised oppression.” So if someone asks a therapist for help to reduce unwanted same-sex attractions, they will be told that they are suffering from oppression and that it is unethical for a therapist to do what they ask((Christian Concern 2013), linked from (Core Issues Trust 2016d)).
It seems that clients seeking SOCE are fully autonomous and capable of giving informed consent.It appears that CIT’s sole “crime” is to provide therapeutic care for clients who autonomously and with informed consent desire to modify their unwanted same-sex attractions and behaviours
These descriptions of nuanced autonomy and the introjects that shape and compel us seem a much more convincing picture of the individual than that of Christian Concern’s and the Alliance’s fully autonomous client. It is evident that conservative Christian norms around same-sex sexuality are a potent source of introjects (‘it’s wrong to have same-sex feelings’; ‘gay sex is a sin’). Mainstream therapy gives the option for the client to consider whether conservative sexual norms are authentic and appropriate, or inappropriate, for them.…to allow them to reevaluate these inner demands and come to a true, reflective choice about whether they are indeed congruent and meaningful for the individuals. To the extent that they are reflectively considered to be authentic and appropriate, the clients can then work to integrate them. To the extent that the demands are considered inappropriate, the clients can begin to experience, with support from their therapists, what it means to discard them
4.5.4. Self-Determination and Other Principles
4.5.5. The Impact of Regulation on Pro-SOCE Practitioners
4.6. Justice
As with the idea of self-determination, the concept of justice to which O’Callaghan is referring is not explicitly theorised. (Nor is justice defined in Michael Davidson’s collection of testimonies The Right to Decide: Seeking Justice for choices around unwanted same-sex attractions (Davidson 2012b)).“They have ruined the life of a caring and courageous counsellor. It is not that a bad therapist has been tried against good ethical principles; rather, a good man has been tried against bad principles. This is a wake-up call for all who value justice, including justice for the group of people who are despised by some for feeling same-sex attraction, and by others for wanting to reduce it...” Dermot O’Callaghan, quoted in
4.7. Rights Claims
4.7.1. There is a Right to (Attempt to) Change Unwanted Same-Sex Attraction
In foregrounding controversy about so called ‘conversion’, ‘reparative’ or ‘gay cure’ approaches, the memorandum obscures the real issue: the freedom and rights of autonomous individuals to explore, with the help of professionals, the origins of their unwanted homosexual feelings and the degree to which these feelings may be subject to change, whether these are inborn, the result of abuse or acquired through behavioural patterning
4.7.2. Ex-Gay and Post-Gay Identities Have a Right to Protection
No doubt Core Issues wishes ex gay identities to be recognised. The reference to other excluded orientations (as well as ex-gay) gives their plea more legitimacy by avoiding the appearance of special pleading. However, it seems unlikely that they are serious about the recognition of other excluded sexual orientations: this would arguably include nonmonogany as an orientation, and kink: see (Ozimek 2010).An event at the European Parliament […] will be held Tuesday 28th October, 2014 entitled “Tackling Sexual Orientation and Gender Identity Discrimination: Next steps in EU and Member State policy making”. But will the event again single out LGBT issues and ignore other sexual orientations, including those of persons who experience homosexual behaviours and feelings as past, and consider their sexual orientations and identities to have changed?
4.8. Distancing of Organisation
4.9. Respecting Diversity
Although Core Issues claims to respect the rights of gay individuals and LGBT persons, this ‘respect’ is clearly hedged around with qualifications. Gay people are ‘gay’, i.e., so-called ‘gay’ rather than truly gay as an identity, because Core Issues does not recognise gay identities as real (instead, this is ‘same-sex attraction disorder’ (Core Issues Trust 2016c)). Gay marriage is ‘marriage’, not real marriage, and Core Issues does not support the right for same-sex people to enter into equivalent legal relationships as different-sex couples. Core Issues supports those wishing to rid themselves of same-sex attraction and behaviour. It is somewhat analogous to Core Issues claiming they respect the rights of people to drink coffee instead of tea, but they refuse to take seriously the identity of ‘coffee lovers’, do not support the provision of coffee as well as tea in cafes, campaign against the availability of coffee on equal terms with tea, and offer support to people wishing to leave their coffee-attracted behaviours and feelings—but do not do so for those with a preference for tea. The only possible account for such differential behaviour is that Core Issues do not really respect coffee drinkers, or same-sex attracted people.It [Core Issues Trust] respects the rights of individuals who identify as ‘gay’ who do not seek change, and supports dignity for LGBT persons. It does not support gay “marriage”—usually considered an “equality” issue, premised on the belief that being gay is “biological” and is therefore unchangeable. Core Issues Trust offers one-to-one support for individuals voluntarily seeking to leave homosexual behaviours and feelings. Please read our “Statement on Prejudice”. The Royal College of Psychiatrists (2014) has recently affirmed that human sexuality is fluid for some, and therefore changeable in some cases
4.9.1. Use of Respectful Terminology?
4.9.2. Progressive Language
4.10. Clear Vision
4.10.1. Wise Overseer
Finally, it also needs to be observed that reports on the potential for sexual orientation change may be unduly pessimistic based on the confounding factor of type of intervention. Most of the recent research on homosexual sexual orientation change has focused on religiously mediated outcomes which may differ significantly from outcomes derived through professional psychological care. It is not unreasonable to anticipate that the probability of change would be greater with informed psychotherapeutic care, although definitive answers to this question await further research. The Alliance and the NARTH Institute remain highly interested in conducting such research, pursuant only to the acquisition of sufficient funding
This book provides a space for such voices to speak their truth from the safest position they can find: anonymity…these voices convey the complexity and vulnerability of human sexuality
4.10.2. Holding to Account
Having consulted the peer-reviewed primary-research papers on which the opposing viewpoints are based, I find it hard to avoid the conclusion that Core Issues Trust has simply marshalled scientific evidence in support of a position that has been previously determined by a particular interpretation of scripture. Thus, the point of view that it promotes is not so much based on scientific evidence as it is an apologetic for a theological tradition(Cook 2014a).
There are a number of points of interest here. Core Issues evidences a kind of role-reversal regarding expert professional bodies: instead of trusting the experts’ conclusion on their area of expertise, it seems Core Issues does not trust what the experts say until the experts agree with them. This paragraph also misrepresents the nature of scientific (and other types of) understanding: conclusions can change as our understanding improves or deepens; this does not entail a dramatic climb-down as the Trust describes it.This [the Royal College of Psychiatrist’s position that same-sex attraction is not fully determined at birth] is a remarkable development and underlines the need to hold influential professional bodies to account by confronting them with the reality of the scientific evidence so that those they represent can have full confidence in the positions they adopt
Core Issues Trust (Core Issues Trust 2014c) and the Gagnon piece (Gagnon 2014) to which they provide a link conveniently ignore this second sentence, and assume that if one is not straightforwardly ‘born gay’, then gay identity and attraction must be a choice.[The College] considers that sexual orientation is determined by a combination of biological and postnatal environmental factors. There is no evidence to go beyond this and impute any kind of choice into the origins of sexual orientation (references omitted)
4.10.3. Disaster and Conspiracy
AndIn reality what we see in the motive of this Bill, is brazen determination that all UK citizens, regardless of whether they are of a faith or no-faith background, be forced to embrace a socialisation process that seeks to overthrow Judaeo-Christian values that have underpinned the western world for centuries. This is further evidence of the rise of the pansexual agenda, and a return to a pre-Christian world
The culture of western civilisation itself is under threat (Core Issues Trust 2016a), as is religious freedom ((Christian Concern 2014), linked from (Core Issues Trust 2016d)).Core Issues Trust believes that the present Bill is a wake-up call to both Church and State of the imminent danger that we may lose some important freedoms not on grounds of scientific evidence but because of ideological pressure
5. Legal Cases
5.1. Core Issues Trust v Transport for London
5.1.1. The Right to Freedom of Expression
Article 10.1: Everyone has the right to freedom of expression. This right shall include freedom to hold opinions, and to receive and impart information and ideas without interference by public authority and regardless of frontiers
The judge at first instance accepted that Article 10.1 was engaged in the case, and that freedom of expression is a primary right in a democratic society (Core Issues Trust v TfL [2013], para. 98).2. The exercise of these freedoms, since it carries with it duties and responsibilities, may be subject to such formalities, conditions, restrictions or penalties as are prescribed by law and are necessary in a democratic society, in the interests of national security, territorial integrity or public safety, for the prevention of disorder or crime, for the protection of health or morals, for the protection of the reputation or rights of others, for preventing the disclosure of information received in confidence, or for maintaining the authority and impartiality of the judiciary
As a public body, it was under a positive statutory obligation to protect the rights of gay people (Equality Act 2010, s. 149), which the judge also considered to be a legitimate aim under Article 10(2) of the ECHR (Core Issues Trust v TfL [2013], para. 91).Everyone has the right to respect for his private and family life, his home and his correspondence
5.1.2. Discrimination against Ex-Gay People
- (1)
- Sexual orientation means a person’s sexual orientation towards—
- (a)
- persons of the same sex,
- (b)
- persons of the opposite sex, or
- (c)
- persons of either sex.
- (2)
- relation to the protected characteristic of sexual orientation—
- (a)
- a reference to a person who has a particular protected characteristic is a reference to a person who is of a particular sexual orientation;
- (b)
- a reference to persons who share a protected characteristic is a reference to persons who are of the same sexual orientation (Equality Act, s. 12).
1. Everyone has the right to freedom of thought, conscience and religion; this right includes freedom to change his religion or belief and freedom, either alone or in community with others and in public or private, to manifest his religious belief, in worship, teaching, practice and observance.
The trail judge believed that Article 9 was not engaged in this case. This was because the right to freedom of thought, conscience and religion could not be possessed by corporate entities. Additionally, the advert was motivated by a religion or belief—the advert did not express the belief itself, and was not required by the belief—but was not a manifestation of a belief. The latter, but not the former, would be protected by Article 9 (Core Issues Trust v TfL [2013], paras. 160–65).2. Freedom to manifest one’s religion or beliefs shall be subject only to such limitations as are prescribed by law and are necessary in a democratic society in the interests of public safety, for the protection of public order, health or morals, or for the protection of the rights and freedoms of others
…it would be surprising if less favourable treatment because a person in the past was homosexual, but is now heterosexual, was not equally prohibited. This does not require that “ex-gays” are to be regarded as a separate category of sexual orientation. Discrimination against a person because of his or her past actual or perceived sexual orientation, or because his or her sexual orientation has changed, is discrimination “because of…sexual orientation”. There is no requirement in the [Equality Act] that discrimination must relate to a person’s current sexual orientation. All that is required is that the discrimination is ‘because of sexual orientation’
5.2. Pickup v Brown
SB 1172, as a regulation of professional conduct, does not violate the free speech rights of SOCE practitioners or minor patients […] and does not violate parents’ fundamental rights. Accordingly, we reverse the order granting preliminary relief in Welch and affirm the denial of preliminary relief in Pickup
5.2.1. Freedom of Speech
5.2.2. Parents’ Fundamental Rights for Their Child to Have SOCE
6. Discussion
6.1. Legal Cases
6.2. Client Autonomy and Telic Congruence
6.3. Smokescreen
6.4. Backlash: Reshaping Reality
7. Conclusions
Acknowledgments
Conflicts of Interest
References
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1 | I would like to thank all of the colleagues who contributed to my writing and thinking in various ways, especially Tony Ward, Noel O’Sullivan, Karen Harrison, Chris Cook, Jack Drescher, and Sophie Law-Clucas. Errors and omissions are my own. |
2 | The terms conversion therapy and reparative therapy are also used in the literature. I follow (APA 2009, p. 2) terminology of sexual orientation change efforts (SOCE) as a term that encompasses various psychological techniques, and medical and religious approaches directed at changing sexual orientation away from same-sex attraction, whether involving mental health professionals or otherwise. |
3 | Although sodomy laws were not declared unconstitutional in the US until 2003 (Lawrence v Texas (2003)), most states had dispensed with these provisions earlier. |
4 | In this context, Western Christianity in general, and the Church of England in particular. |
5 | The High Commissioner recently recommended that States address violence by, inter alia, banning ‘conversion therapy’ United Nations High Commissioner for Human Rights, “Discrimination and Violence against Individuals Based on Their Sexual Orientation and Gender Identity: Report of the Office of the United Nations High Commissioner for Human Rights,” Annual report of the United Nations High Commissioner for Human Rights and reports of the Office of the High Commissioner and the Secretary-General (United Nations High Commissioner for Human Rights 2015, para. 78 (g)). Noting that:
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6 | I am indebted to Tony Ward for this point. |
7 | I am indebted to Pete Palumbo for this point. |
8 | Another conservative Christian organization in the UK. |
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Clucas, R. Sexual Orientation Change Efforts, Conservative Christianity and Resistance to Sexual Justice. Soc. Sci. 2017, 6, 54. https://doi.org/10.3390/socsci6020054
Clucas R. Sexual Orientation Change Efforts, Conservative Christianity and Resistance to Sexual Justice. Social Sciences. 2017; 6(2):54. https://doi.org/10.3390/socsci6020054
Chicago/Turabian StyleClucas, Rob. 2017. "Sexual Orientation Change Efforts, Conservative Christianity and Resistance to Sexual Justice" Social Sciences 6, no. 2: 54. https://doi.org/10.3390/socsci6020054
APA StyleClucas, R. (2017). Sexual Orientation Change Efforts, Conservative Christianity and Resistance to Sexual Justice. Social Sciences, 6(2), 54. https://doi.org/10.3390/socsci6020054