I Have Updated My Post on Generalizing Research on One Type of Therapy to Another Type of Therapy – UPDATED

UPDATE 2: Yes, I changed my title to exclude reference to horse therapy. Read why here.

UPDATE: There is now a dispute over the facts reported in this story. On the Cowboy Church website, this alert was published. Bell appears to be saying that he never talked to the media about EAP and homosexuality. I wrote to Rev. Bell and he wrote back taking me to task for referring to the HuffPo story without talking to him first. He has declined thus far to disclose whether or not he has any views on horse therapy for gays. If he informs me of his perspective, I will report it here.

As for the post, I think the basic argument stands.Substitute any outlandish sounding therapy for horse therapy and the point is still valid. Reparative therapists often use data that are not directly relevant to what they do.

——-

 

If you read about the reparative therapy wars, you have probably come across the Virginia pastor who has been quoted as advocating Equine Assisted Psychotherapy (EAP) for homosexuality.

Raymond Bell is the pastor of the Cowboy Church of Virginia and promoter of horse therapy as a sexual orientation change effort, according to Gay Star News.

Gay Star News quotes Bell as follows “because of rape, abandonment, lacking a male role model, abuse and having low self-esteem.” This seems like the standard reparative therapy line. Bell now contests these reports, although has not clarified what he does believe.

As far as I can tell there is no proof for these claims. And in this, horse obscure therapies have something in common with other forms of reparative therapy. If pressed, perhaps purveyors of strange therapies would do what other reparative therapists do – point to studies that claim to document change. However, the problem for Bell and for other reparative therapists is that the studies they point to rarely have anything to do with what they do.

Most of the early studies of sexual orientation change featured behavioral techniques such as aversive therapy. As far as can be determined, none of the current crop of reparative therapists use these techniques. Some of the early studies rely on psychoanalytic treatment but these are mostly case studies or reports from psychoanalysts who were practicing traditional psychoanalysis. Current reparative therapists use pillow beating and screaming, orange therapy, body therapy and other fringe techniques that have not been evaluated for most uses, let alone their use to support sexual orientation change efforts.

Thus, when reparative therapists point to studies of change, ask them what methods were used in those studies. The chances are extremely likely that the techniques used in those studies are not what today’s reparative therapists use.  The fact is that what is today being defended in courts in CA and NJ has not been evaluated for use in changing sexual orientation. Some techniques (catharsis) have been evaluated for other purposes and found to be counterproductive. And at least one technique commonly referenced by Joseph Nicolosi (Affect Focused Therapy) has been rejected as a technique for reorientation by one of the developers of the approach (Diane Fosha).

To sum up, reparative therapists tell us that 70-100 years of research prove that change is possible. Then they defend what they do and say research supports them. So if Raymond Bell ever says horse therapy people who advocate unusual therapies work because research proves that change is possible, they will be using the same rhetorical device as is being used by their professionally trained colleagues.

 

Is a Ban on Reparative Therapy a Violation of the First Amendment, Part One

Does a ban on reparative therapy infringe on the First Amendment rights of reparative therapists?

This question is at the heart of the debate (and a couple of lawsuits) regarding California’s law banning reparative therapy for minors. The law was set to take effect tomorrow but has been postponed pending a full hearing.

According to Eugene Volokh, the issue of professional-client speech has not been well-defined by the courts. In 2004, Volokh offered an excellent summary of issues relating to what the state can do to regulate professional speech to clients.  In the post, Volokh noted that professionals are subject to speech restrictions that other do not experience. For instance, the state can impose penalties when health care professionals offer harmful advice. Outside the professional context these expressions would be protected opinions.

According to Volokh, the Supreme Court has not been specific about important aspects of professional-client speech. He wrote:

Such restrictions and compulsions may in fact be properly upheld: There may be something in a professional-client relationship that would justify such extra regulation. But the Court has never explained (1) exactly what speech restrictions and speech compulsions would be allowed in such a situation, or (2) exactly when this reduced protection would be triggered. In Lowe v. SEC, 472 U.S. 181 (1985), a three-Justice concurrence (written by Justice White and joined by Chief Justice Burger and Justice Rehnquist) suggested this rule (paragraph break added):

One who takes the affairs of a client personally in hand and purports to exercise judgment on behalf of the client in the light of the client’s individual needs and circumstances is properly viewed as engaging in the practice of a profession. Just as offer and acceptance are communications incidental to the regulable transaction called a contract, the professional’s speech is incidental to the conduct of the profession. If the government enacts generally applicable licensing provisions limiting the class of persons who may practice the profession, it cannot be said to have enacted a limitation on freedom of speech or the press subject to First Amendment scrutiny.

Where the personal nexus between professional and client does not exist, and a speaker does not purport to be exercising judgment on behalf of any particular individual with whose circumstances he is directly acquainted, government regulation ceases to function as legitimate regulation of professional practice with only incidental impact on speech; it becomes regulation of speaking or publishing as such, subject to the First Amendment’s command that “Congress shall make no law . . . abridging the freedom of speech, or of the press.”

Then Volokh offers a problem which seems relevant to the issues active in the current debate over conversion therapy.

b. Problem: Counseling That Advocates Race-Based Decisions

A state has long required all marriage and family counselors — defined as “any person who offers advice related to marriage and family matters in exchange for money” — to be licensed, and to follow rules prescribed by the state’s Marriage and Family Counseling Licensing Board.

The Board learns that some marriage and family counselors are advising clients not to enter into interracial marriages or interracial adoptions. Some are even advising clients who are in interracial marriages that the interracial nature of the marriage may be a source of the problem, and are suggesting in some instances that divorce may therefore be the only solution.

The Board believes that such advice is offensive, and harmful to the patients. It therefore enacts the following rule: “Any marriage and family counselor who uses the patients’ race, or the race of the patients’ spouse, children, or prospective adoptive children or stepchildren, as part of the basis for the counselor’s recommendation, shall have his or her license suspended for six months.”

Based on this rule, Mary Moe, a counselor who had engaged in such advice, has her license suspended. Her former patients, Laura Loh and Richard Roe, who divorced each other partly on Moe’s advice (Loh is East Asian and Roe is white), but who have since reconciled, sue Moe for emotional distress caused by her advice, which they claim constituted malpractice. The judge awards them $100,000 in a bench trial. One of the judge’s findings of fact is that Moe’s advice was unreasonable by the standards of the profession, and the sole evidence that the judge relies on is the Board’s rule.

What should be the proper analysis be under the First Amendment?

Did Mary Moe suffer a violation of her First Amendment rights?

When reparative therapists tell minor clients that they can change sexual orientation if they engage in deep emotional therapy, are they offering unreasonable advice which can be regulated by the state? When reparative therapists tell clients that homosexuality is a disorder of gender identity, can the state intervene? Should the state intervene when licensed therapists tell clients that pounding a pillow with a tennis racquet while screaming will help them get in touch with repressed memories underlying their homosexuality?

In this post, I want to raise the issues and generate some discussion. In part two, I will write about my views on the matters.

MercatorNet Posts Op-Ed Critical of Reparative Therapy

Remarkably, Mercator Net posted an article critical of reparative therapy earlier this month. The piece by Melinda Selmys has generated many comments at MercatorNet and for good reason. The article is well written and provides Selmys opinion on the California law banning reparative therapy for minors.

Selmys writes:

That said, it is not impossible for a homosexual to have a happy marriage with an opposite-sex spouse. My own experience speaks to that: I am same-sex attracted, but have chosen heterosexual marriage for a combination of religious and personal reasons. I would not say, however, that I have achieved orientation change. I am not attracted to men, I am in love with a man. This is typical of the real experience of “ex-gays”: usually what changes is not the underlying pattern of attraction but rather the sort of relationship that a person chooses to pursue.

Well said.

She appears to favor the California law which bans reparative therapy for minors, saying

Adults who have chosen to undergo therapy are in a position to change therapists or to abandon treatment if they find that the therapy does more harm than good. Minors who are forced into therapy by adult authority figures do not have this option. Even if young people are theoretically seeking treatment under their own power, many feel intense pressure to overcome homosexual desires in order to please their parents, and some fear punishment or recrimination if they fail. Unscrupulous therapists often market their services primarily to parents and guardians, preying on the hopes and fears of those who have the ability to place adolescents in treatment.

Moreover, conscientious therapists openly state that conversion therapy does not have any real chance of working unless it is freely chosen by the client. Teenage dependents are not in a position to make a free choice of this kind.

I have seen a fair number of SSA teens over the years and generally I find that their concern is parental rejection and/or abandonment. They are not really in a position to question parental wishes. On the other hand, I have met some who did not want to engage in sexual behavior and expressed gratitude for support to avoid that.

Currently, the Pacific Justice Institute is soliciting reparative therapists for minor clients to join the lawsuit against the state of California. It seems inevitable that such requests will put even more pressure on a minor who may already be going along with parental wishes in order to keep peace.

While it is obvious that NARTH is under fire, an article like this on the MercatorNet website has to be considered a real setback.

Check out Melinda Selmys blog.

Reparative Therapy Makeover Continues: JONAH Responds to SPLC Suit

A group called Freedom of Conscience Defense Fund has taken on the defense of Jews Offering New Alternatives to Healing (JONAH) against a suit filed by the Southern Poverty Law Center. The SPLC complaint alleges that JONAH violated New Jersey’s consumer fraud law by promising sexual reorientation to clients without success. The complaint is here.

It is very discouraging to see the JONAH complaint framed as a freedom of conscience case. As the complaint outlines, the techniques alleged by the plaintiffs have been discredited within the mainstream mental health community and as such should be confronted. Please see this post on the “oranges therapy” and this one on the use of nudity by JONAH counselors.

Furthermore, it is misleading for JONAH to describe what it does in the following manner:

For over twelve years, JONAH has helped hundreds of people live the lives that they want, consistent with their personal values. JONAH’s mission is to give all people the opportunity to explore their internal conflicts around sexuality and other values in a caring, non-judgmental environment.

As I have noted elsewhere, reparative therapists are beginning to use the language of the sexual identity therapy framework to describe what they do. However, reparative therapy is inconsistent with the SIT Framework.

More on this topic:

Dr. Oz’s Reparative Therapy Adventure

Sexual Identity Therapy is Not Reparative Therapy

Reparative Therapy Makeover Continues: No Naked Therapy?

Reparative Therapy Makeover Continues: Orange You Glad I Didn’t Say Banana?

Reparative Therapy Makeover Continues: What Does Mainstream Mean?

Reparative Therapy Makeover Continues: When Reparative Isn’t Reparative

NARTH, the New Epigenetic Model and Confirmation Bias

Last week, I wrote briefly about the new paper from William Rice et al which describes an epigenetic model of homosexuality. In that post I reported a quote from National Association for the Research and Therapy of Homosexuality (NARTH) spokesman David Pruden regarding the study. Here is Pruden’s statement which was cited in the Christian Post:

“The theoretical model itself attributes only 10-14 percent of the factors to genetics or epigenetics. That leaves the remaining 85 percent or so of the factors to environmental influences,” said Pruden.

That assessment did not sound right to me so I contacted William Rice who informed me that his model accounted for homosexuality generally speaking, not just for “10-14 percent.” The Christian Post rightly printed the correction at the end of the article.

So where did the 10-14 percent figure come from? According to an email from Pruden, that range came from NARTH Scientific Advisory Board member, Neil Whitehead. Whitehead has speculated in the past that the maximum genetic contribution is between 10-14%. While I believe his assessment is low, he has referred to various studies to provide support. However, in the case of the new study, it appears no one at NARTH has even read the paper.

If Pruden read it, he didn’t refer to it. Rather he referred to Whitehead who yesterday placed a brief article on the NARTH website about the paper. Here is the body of Whitehead’s statement:

(A  fuller evaluation will appear here on this site: www.mygenes.co.nz when the full paper is available)

Recently (Anonymous, 2012) a summation of a published paper (Rice, W.R., Friberg, U. Gavrilets,  2012) has  achieved attention as being an explanation for homosexuality.

Readers should note this is a theoretical model only and  that  historically many theories have been put forward as the single overriding factor  causing homosexuality.  The current best consensus is that there is no single over-riding factor – the  trait is multifactorial and overwhelmingly environmental. The Rice paper is quite unlikely to be “critical”. Like previous  theories, the current epigenetic one may well have a small contribution, but  this remains to be established. The authors themselves  note that laboratory work has yet to be done. The paper built on  previously published work (Rice, Gavrilets, & Friberg,  2008).

Apparently, Whitehead has not read the paper because he said the “full paper” was not available. On the contrary, the paper is freely available online here.

What is striking is what Whitehead says about the topic of the paper before seeing it. He says homosexuality is “overwhelmingly environmental” and opines that the current epigenetic theory is unlikely to make more than a “small contribution” to homosexuality. It appears that Pruden and Whitehead have their minds made up.

NARTH is so committed to an environmental/family model of cause that organization leaders jump to a preferred conclusion before even considering the evidence.  This is one way confirmation bias operates. In this case, NARTH representatives said things about the theory before they read or studied it, and what they said came, not from the paper, but from their preconceived ideas.