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17-003 1 2 IORDINANCE NO. 17-003 3 4 AN ORDINANCE OF THE CITY OF BOYNTON BEACH, 5 FLORIDA, AMENDING CHAPTER 15, "OFFENSES - 6 MISCELLANEOUS" OF THE CODE OF ORDINANCES, BY 7 CREATING A NEW ARTICLE XIII, TO PROHIBIT THE 8 PRACTICE OF CONVERSION THERAPY ON MINORS; 9 PROVIDING FOR CONFLICTS, SEVERABILITY, 10 CODIFICATION AND AN EFFECTIVE DATE. 11 12 WHEREAS, as recognized by major professional associations of mental health 13 practitioners and researchers in the United States and elsewhere for nearly 40 years, being 14 lesbian, gay, bisexual, transgender or gender nonconforming, or questioning (LGBT or 15 LGBTQ) is not a mental disease, disorder or illness, deficiency or shortcoming; and 16 17 WHEREAS, the American Academy of Pediatrics in 1993 published an article in its 18 Journal, stating: "Therapy directed at specifically changing sexual orientation is 19 contraindicated, since it can provoke guilt and anxiety while having little or no potential for 20 achieving changes in orientation;"I and 21 22 WHEREAS, the American Psychiatric Association in December 1998 published its 23 opposition to any psychiatric treatment, including reparative or conversion therapy, which 24 therapy regime is based upon the assumption that homosexuality is a mental disorder per se or 25 that a patient should change his or her homosexual orientation;2 and 26 27 WHEREAS, the American Psychological Association's Task Force on Appropriate 28 Therapeutic Responses to Sexual Orientation ("APA Task Force") conducted a systematic 29 review of peer-reviewed journal literature on sexual orientation change efforts ("SOCE"), and 30 issued its report in 2009, citing research that sexual orientation change efforts can pose critical 31 health risks to lesbian, gay, and bisexual people, including confusion, depression, guilt, 32 helplessness, hopelessness, shame, social withdrawal, suicidality, substance abuse, stress, 33 disappointment, self-blame, decreased self-esteem and authenticity to others, increased self- 34 hatred, hostility and blame toward parents, feelings of anger and betrayal, loss of friends and 35 potential romantic partners, problems in sexual and emotional intimacy, sexual dysfunction, 36 high-risk sexual behaviors, a feeling of being dehumanized and untrue to self, a loss of faith, 37 and a sense of having wasted time and resources;3 and 38 39 WHEREAS, following the report issued by the APA Task Force, the American 40 Psychological Association in 2009 issued a resolution on Appropriate Affirmative Responses 41 to Sexual Orientation Distress and Change Efforts, advising parents, guardians, young people, 42 and their families to avoid sexual orientation change efforts that portray homosexuality as a http://pediatrics.aappublications.org/content/pediatrics/92/4/631.full.pdf 2 https://www.camft.org/ias/images/PDFs/SOCE/APA Position Statement.pdf 3 https://www.apa.org/pi/lgbt/resources/therapeutic-response.pdf 1 43 mental illness or developmental disorder and to seek psychotherapy, social support, and III44 educational services that provide accurate information on sexual orientation and sexuality, 45 increase family and school support, and reduce rejection of sexual minority youth;4 and 46 47 WHEREAS, the American Psychoanalytic Association in June 2012 issued a position 48 statement on conversion therapy efforts, articulating that "As with any societal prejudice, bias 49 against individuals based on actual or perceived sexual orientation, gender identity or gender 50 expression negatively affects mental health, contributing to an enduring sense of stigma and 51 pervasive self-criticism through the internalization of such prejudice" and that psychoanalytic 52 technique "does not encompass purposeful attempts to `convert,' `repair,' change or shift an 53 individual's sexual orientation, gender identity or gender expression," such efforts being 54 inapposite to "fundamental principles of psychoanalytic treatment and often result in 55 substantial psychological pain by reinforcing damaging internalized attitudes;i5 and 56 57 WHEREAS, the American Academy of Child & Adolescent Psychiatry in 2012 58 published an article in its Journal stating that clinicians should be aware that there is "no 59 evidence that sexual orientation can be altered through therapy and that attempts to do so may 60 be harmful;" that there is "no medically valid basis for attempting to prevent homosexuality, 61 which is not an illness;" and that such efforts may encourage family rejection and undermine 62 self-esteem, connectedness and caring, important protective factors against suicidal ideation 63 and attempts; and that, for similar reasons cumulatively stated above, carrying the risk of 64 significant harm, SOCE is contraindicated6; and 65 66 WHEREAS, the Pan American Health Organization, a regional office of the World 67 Health Organization, issued a statement in 2012 stating: "`These supposed conversion 68 therapies constitute a violation of the ethical principles of health care and violate human rights 69 that are protected by international and regional agreements. The organization also noted that 70 conversion therapies "lack medical justification and represent a serious threat to the health 71 and well-being of affected people;"7 and 72 73 WHEREAS, in 2014 the American School Counselor Association issued a position 74 statement that states: "It is not the role of the professional school counselor to attempt to 75 change a student's sexual orientation or gender identity. Professional school counselors do 76 not support efforts by licensed mental health professionals to change a student's sexual 77 orientation or gender as these practices have been proven ineffective and harmful;"8 and 78 79 WHEREAS, a 2015 report of the Substance Abuse and Mental Health Services 80 Administration, a division of the U.S. Department of Health and Human Services, "Ending 81 Conversion Therapy: Supporting and Affirming LGBTQ Youth" further reiterates based on 4 http://www.apa.org/about/policy/sexual-orientation.pdf 5http://www.apsa.org/content/2012-position-statement-attempts-change-sexual-orientation-gender-identity-or- gender 6 http://www.jaacap.com/article/S0890-8567(12)00500-X/pdf 'http://www.paho.org/hq/index.php?option=corn content&view=article&id=6803%3A2012-therapies-change- II sexual-orientation-lack-medical justification-threaten-health&catid=740%3Apress- releases&Itemid=1926&lang en 8 https://www.schoolcounselor.org/asca/media/arca/PositionStatements/PS_LGBTQ.pdf C:\Users\Stanzionet\Appdata\Local\Microsoft\Windows\Temporary Internet Files\Content.IE5\TQFSZ5NC\Conversion_Therapy_- Ordinance.Doc 2 82 scientific literature that conversion therapy efforts to change an individual's sexual 83 orientation, gender identity, or gender expression is a practice not supported by credible 84 evidence and has been disavowed by behavioral health experts and associations, perpetuates 85 outdated views of gender roles and identities, negative stereotypes, stating, importantly, that 86 such therapy may put young people at risk of serious harm, and recognizing that, same-gender 87 sexual orientation (including identity, behavior, and attraction) is part of the normal spectrum 88 of human diversity and does not constitute a mental disorder;9 and 89 90 WHEREAS, the American College of Physicians wrote a position paper in 2015 91 opposing the use-of"conversion," "reorientation," or "reparative" therapy for the treatment of 92 LGBT persons, stating that "[a]vailable research does not support the use of reparative 93 therapy as an effective method in the treatment of LGBT persons. Evidence shows that the 94 practice may actually cause emotional or physical harm to LGBT individuals, particularly 95 adolescents or young persons;i10 and 96 97 WHEREAS, at least one federal appeals court" found that a prohibition of SOCE 98 does not violate first amendment rights and noted that the subject ordinance only required 99 mental healthproviders who wish to engage in practices that seek to change a minor's sexual 100 orientation either to wait until the minor turns 18 or be subject to professional discipline, 101 leaving mental health providers free to discuss or recommend treatment and to express their 102 views on any topic; and 103 104 WHEREAS, the City does not intend to prevent mental health providers from 105 speaking to the public about SOCE; expressing their views to patients; recommending SOCE 106 to patients; administering SOCE to any person who is 18 years of age or older; or referring 107 minors to unlicensed counselors, such as religious leaders. This ordinance does not prevent 108 unlicensed providers, such as religious leaders, from administering SOCE to children or 109 adults; nor does it prevent minors from seeking SOCE from mental health providers in other 110 political subdivisions or states outside of the City of Boynton Beach, Florida; and 111 112 WHEREAS, City of Boynton Beach has a compelling interest in protecting the 113 physical and psychological well-being of minors, including but not limited to lesbian, gay, 114 bisexual, transgender and questioning youth, and in protecting its minors against exposure to 115 serious harms caused by sexual orientation and gender identity change efforts; and 116 117 WHEREAS, the City Commission hereby finds the overwhelming research 118 demonstrating that sexual orientation and gender identity change efforts can pose critical 119 health risks to lesbian, gay, bisexual, transgender or questioning persons, and that being 120 lesbian, gay, bisexual, transgender or questioning is not a mental disease, mental disorder, 121 mental illness, deficiency, or shortcoming; and 122 123 WHEREAS, the City Commission finds minors receiving treatment from licensed 124 therapists in the City of Boynton Beach, FL who may be subject to conversion or reparative 9 http://storc.samhsa.gov/shin/content/SMA15-4928/SMA15-4928.pdf 1°http://annals.org/article.aspx?articleid=2292051 11 Pickup v. Brown,740 F3d 1208 (9th Cir.2014) C:\Users\Stanzionet\Appdata\Local\Microsoft\Windows\Temporary Internet Files\Content.IE5\TQFSZ5NC\Conversion_Therapy_- Ordinance.Doc 3 125 therapy are not effectively protected by other means, including, but not limited to, other state 126 statutes, local ordinances, or federal legislation; and 127 WHEREAS, the City Commission desires to prohibit, within the geographic 128 boundaries of the City, the practice of sexual orientation or gender identity change efforts on 129 minors by licensed therapists only, including reparative and/or conversion therapy, which 130 have been demonstrated to be harmful to the physical arid psychological well-being of 131 lesbian, gay, bisexual, transgender and questioning persons. 132 133 NOW THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF 134 THE CITY OF BOYNTON BEACH, THAT: 135 Section 1. The foregoing "Whereas" clauses are true and correct and incorporated 136 herein by this reference. 137 138 Section 2. That Chapter 15, is hereby amended by creating a new Article XIII, 139 entitled Prohibition of Conversion Therapy on Minors, to read as follows: 140 141 142 ARTICLE XII: PROHIBITION OF CONVERSION THERAPY ON MINORS 143 144 Sec. 15-134. - Intent. 145 146 The Intent of this Ordinance is to protect the physical and psychological well-being of 147 minors, including but not limited to lesbian, gay, bisexual, transgender and/or questioning 148 youth, from exposure to the serious harms and risks caused by conversion therapy or 149 reparative therapy by licensed providers, including but not limited to licensed therapists. 150 These provisions are exercises of police power of the City for the public safety, health, and 151 welfare; and its provisions shall be liberally construed to accomplish that purpose. 152 153 Sec. 15-135. - Definitions. 154 (a) Conversion therapy or reparative therapy means, interchangeably, any 155 counseling, practice or treatment performed with the goal of changing an 156 individual's sexual orientation or gender identity, including, but not limited to, 157 efforts to change behaviors, gender identity, or gender expression, or to eliminate 158 or reduce sexual or romantic attractions or feelings toward individuals of the same 159 gender or sex. Conversion therapy does not include counseling that provides 160 support and assistance to a person undergoing gender transition or counseling 161 that provides acceptance, support, and understanding of a person or facilitates a 162 person's coping, social support, and development, including sexual orientation- 163 neutral interventions to prevent or address unlawful conduct or unsafe sexual 164 practices, as long as such counseling does not seek to change sexual orientation 165 or gender identity. C:\Users\Stanzionet\Appdata\Local\Microsoft\Windows\Temporary Internet Files\Content.IE5\TQFSZ5NC\Conversion_Therapy_- Ordinance.Doc 4 166 167 (b) Minor means any person less than eighteen (18) years of age. 168 169 (c) Provider means any person who is licensed by the State of Florida to provide 170 professional counseling, or who performs counseling as part of his or her 171 professional training under Chapters 456, 458, 459, 490 or 491 of the Florida 172 Statutes, as such chapters may be amended, including but not limited to, medical 173 practitioners, osteopathic practitioners, psychologists, psychotherapists, social 174 workers, marriage and family therapists, and licensed counselors. A Provider 175 does not include members of the clergy who are acting in their roles as clergy or 176 pastoral counselors and providing religious counseling to congregants, as long as 177 they do not hold themselves out as operating pursuant to any of the 178 aforementioned Florida Statutes licenses. 179 180 Sec. 15-136. - Conversion therapy prohibited. 181 182 It shall be unlawful for any Provider to practice conversion therapy efforts on any 183 individual who is a minor regardless of whether the person receives monetary 184 compensation in exchange for such services. 185 186 Sec. 15-137. - Enforcement and civil penalties. 187 188 Violations of this article may be enforced as follows: 189 190 (a) The City Code Enforcement Special Master shall have jurisdiction to hear and 191 decide cases in which violations of this Chapter are alleged, or 192 193 (b) The City may enforce the provision of this Code by supplemental Code or 194 Ordinance enforcement procedures as provided by Part 2 of Chapter 162, Florida 195 Statutes, or 196 197 (c) The City may prosecute violations by issuance of Notices to Appear for violation 198 of a City Ordinance, in which case, the penalty for each violation shall be 199 $500.00. or 200 201 (d) The City Attorney, with authorization from the City Commission, may bring suit 202 on behalf of the City to enjoin any violation of this article. 203 204 205 206 Section 3. Each and every other provision of Chapter 15, of the Code of Ordinances 207 of the City of Boynton Beach not herein specifically amended shall remain in full force and 208 effect as previously enacted. C:\Users\Stanzionet\Appdata\Local\Microsoft\Windows\Temporary Internet Files\Content.IE5\TQFSZ5NC\Conversion Therapy_ Ordinance.Doc 5 209 Section 4. All ordinances or parts of ordinances in conflict herewith be and the 210 same are hereby repealed. 211 Section 5. Should any section or provision of this ordinance or portion hereof, any 212 paragraph, sentence or word be declared by a court of competent jurisdiction to be invalid, 213 such decision shall not affect the remainder of this ordinance. 214 Section 6. Authority is hereby granted to codify said ordinance. 215 Section 7. This ordinance shall become effective immediately upon passage. 216 FIRST READING this 3rd day of January, 2017. 217 218 SECOND, FINAL READING AND PASSAGE this 17th day of January, 2017. 219 220 CITY OF BOYNTON BEACH, FLORIDA 221 222 YES NO 223 224 Mayor—Steven B. Grant 225 226 Vice Mayor—Mack McCray 227 228 Commissioner—Justin Katz 229 230 Commissioner—Christina L. Romelus 231 232 Commissioner—Joe Casello 233 234 235 VOTE - 0 236 237 ATTEST: 238 239 240 1.-Ctedv`G 'L 241 Judi h A. Pyle, CM 242 Cly Clerk 243 244 245 " 24: (Corporate Seal) 24 8pilN't oC' C:\Users\Stanzionet\Appdata\Local\Microsoft\Windows\Temporary Internet Files\Content.IE5\VAGZE6PO\Conversion_Therapy_ Ordinance.Doc 6