1 For a detailed history of the psychotherapeutic community's approaches to homosexuality, see Treatment: 1884-1974, in GAY AMERICAN HISTORY: LESBIANS AND GAY MEN IN THE U.S.A. 129, 129-208 (Jonathan Katz ed., 1976); Yoshino, Kenji, Covering, 111 YALE L.J. 769, 783-803 (2002)CrossRefGoogle Scholar. The views of the early psychotherapeutic community on the pathology and mutability of homosexuality were imported into society-at-large's views of gays and lesbians. See, e.g., E.M. FORSTER, MAURICE: A NOVEL 162, 179-83, 209-13 (W.W. Norton & Co. 1993) (1971)Google Scholar (published posthumously) (describing the protagonist's unsuccessful efforts to cure his homosexuality by visiting a hypnotist in early twentieth century England). Sexual orientation change efforts have remained a part of the cultural lexicon surrounding the disapproval of homosexuality and are depicted, whether in sinister, emotional, or comical terms, as harmful and ineffective. See, e.g., THE BIG GAY MUSICAL (Embrem Entertainment 2010) (depicting a theater company's play about a young man who finds love (and a singing partner) in a conversion therapy camp); BUT I’M A CHEERLEADER! (Ignite Entertainment 1999)Google Scholar (farcically depicting a young girl's experience at reparative therapy camp, where she meets some unconvincing ex-gays, makes a bevy of gay and lesbian friends, and ultimately escapes with her new girlfriend); LATTER DAYS (TLA Releasing 2003)Google Scholar (depicting the involuntary commitment of a young gay man and his subjection to aversive therapy by electric shock, ice baths, and fatiguing labor, and his subsequent reunion with his boyfriend); SAVE ME (First Run Features 2007) (depicting gay drug addict's stay at a conversion therapy camp, where he begins an emotional relationship with another male camper); YOU SHOULD MEET MY SON! (Waltzing Penguins 2010)Google Scholar (depicting a comical Southern mother's journey of dealing with her son's homosexuality, including her visit to a clinic where electric shocks and screams can be heard over a reverend's sales pitch: “Here at Gay-Be-Gone we can knock the gay clean out of him—with Christ's love and mercy, of course.” The mother, horrified, decides to find her son a boyfriend instead).

2 Interestingly, the opposite idea, that homosexuality is not an illness and requires no treatment, has existed for just as long. Sigmund Freud himself, for example, acknowledged in a letter to a mother concerned about her son's mental health: “Homosexuality is assuredly no advantage, but it is nothing to be ashamed of, no vice, no degradation, it cannot be classified as an illness; we consider it to be a variation of the sexual function.” ALAN GOULD, WHAT DID THEY SAY ABOUT GAYS? 60 (1995) (quoting THE LIFE AND WORK OF SIGMUND FREUD 490 (Ernest Jones ed., 1963)). Freud went on to state in this letter that the chance of altering the young man's sexuality through psychoanalysis was very slight, and that the more beneficial goal would be to help him achieve “harmony, peace of mind, [and] full efficiency, whether he remains a homosexual” or not. GOULD, supra, at 61.

3 See infra notes 58-61, 64, 74, 81 and accompanying text.

4 See, e.g., S.B. 1172, 2012 Leg. (Cal. 2012) (codified at CAL. BUS. & PROF. CODE § 865-865.2 (West 2012)); see also APPROPRIATE THERAPEUTIC RESPONSES TO SEXUAL ORIENTATION, AM. PSYCHOLOGICAL ASS’N TASK FORCE (2009) [hereinafter APA TASK FORCE], available at http://www.apa.org/pi/lgbt/resources/therapeutic-response.pdf.

5 See Sacks, Jonathan, “Pray away the Gay?” An Analysis of the Legality of Conversion Therapy by Homophobic Religious Organizations, 13 RUTGERS J.L. & RELIGION 67, 70 (2011)Google Scholar (“Practitioners of conversion therapy have utilized a variety of treatments ranging from the novel and humorous to the appalling and dangerous.”); Nathan Manske, True LGBTQ Stories: Gay Conversion Therapy Victim Says He Was Electrocuted (VIDEO), HUFFINGTON POST (Oct. 6, 2011), http://www.huffingtonpost.com/nathan-manske/gay-conversion-therapy_b_997330.html (describing a survivor, Samuel Brinton, and his experience with SOCE, which included aversive behavioral conditioning through burning with metal coils and dry ice, and electrocution). Since the mid-1990s, reports of SOCE largely have been confined to forms of talk therapy. Young, Sean, Does “Reparative” Therapy Really Constitute Child Abuse?: A Closer Look, 6 YALE J. HEALTH POL’Y L. & ETHICS 163, 168 (2012)Google Scholar. However, accounts continue to surface of minors subjected to physically abusive forms of SOCE. See, e.g., Manske, supra; see also Yoshino, supra note 1, at 789 (noting that most modern SOCE are conducted through conventional talk therapies, but that physical forms persist).

6 The Southern Poverty Law Center, which actively opposes the practice of SOCE, collects information on the experiences of former SOCE patients and therapists currently offering SOCE. For videos of former patients sharing their stories and a map illustrating the presence of SOCE therapists nationwide, see Conversion Therapy, S. POVERTY LAW CENTER, http://www.splcenter.org/conversion-therapy (last visited Jan. 19, 2013). See also Manske, supra note 5 (interview with former SOCE patient who denied his same-sex attractions throughout his teen years to avoid further subjection to SOCE).

7 Ryan Kendall, who suffered from depression and suicidality after undergoing reparative talk therapy at the National Association for Research & Therapy of Homosexuality (NARTH), testified before the California Assembly in June 2012: “[As] a teenager I dreamed that one day adults would pass legislation to protect people like me. I am here because youth subjected to these discredited therapies deserve a voice in the room … . If any of these youth are listening, they should know that there is nothing wrong with them; they are perfect, beautiful, and deserving of love.” Shannon Minter, Gay Therapy Quackery: Anti-Gay Advocates Suing Over California Ban, POLICYMIC (Jan. 2, 2013), http://www.policymic.com/articles/21791/gay-therapy-quackery-anti-gay-advocates-suing-over-california-ban.

8 S.B. 1172 § 2.

9 Minter, supra note 7.

10 Id.

11 See A.B. 2199, 2010 Cal. Legis. Serv. Ch. 379 (West) (amending WELF. & INST. § 8050 to remove the quoted language) (sponsored by Assemblywoman Bonnie Lowenthal); Bonnie Lowenthal, ‘Cure’ Gays? No, Fix the Law, L.A. TIMES (Apr. 4, 2010), http://articles.latimes.com/2010/apr/04/opinion/la-oe-lowenthal4-2010apr04 (describing the history of § 8050 as a measure to address sexual assault crimes and calling for its amendment). For other recent laws indicating the efforts of the California Legislature to increase awareness and acceptance of LGBT people, see infra notes 185-89 and accompanying text.

12 See Welch v. Brown, 907 F. Supp. 2d 1102 (E.D. Cal. 2012) (granting preliminary injunction of the operation of S.B. 1172 against only the three plaintiffs), rev’d sub nom. Pickup v. Brown, 728 F.3d 1042 (9th Cir. 2013); Cheryl Wetzstein, Ban On Gay-to-Straight Therapy for Children Halted, WASH. TIMES (Jan. 2, 2013), http://www.washingtontimes.com/news/2013/jan/2/ban-on-gay-to-straight-therapy-for-children-halted/ [hereinafter Wetzstein, Ban Urged].

13 Welch, 907 F. Supp. 2d at 1102 (granting preliminary injunction of the operation of S.B. 1172 against only the three plaintiffs).

14 Pickup v. Brown (Pickup I), No. 2:12–CV–02497, 2012 WL 6021465, at *12 (E.D. Cal. Dec. 4, 2012), aff’d Pickup v. Brown (Pickup IV), 728 F.3d 1042 (9th Cir. 2013), amended and superseded by Pickup v. Brown (Pickup V), No. 12-17681, 13-150232014 WL 306860 (9th Cir. Jan. 29, 2014).

15 Pickup v. Brown (Pickup II), No. 12–17681, 2012 WL 6869637, at *1 (9th Cir. Dec. 21, 2012) (enjoining S.B. 1172 from going into effect), rev’g No. 2:12–CV–02497, 2012 WL 6021465 (E.D. Cal. Dec. 04, 2012) (order denying preliminary injunction); see also Wetzstein, Ban Urged, supra note 12.

16 Pickup v. Brown (Pickup III), No. 2:12–CV–02497, 2013 WL 411474 (E.D. Cal. Jan. 29, 2013) (stay of proceedings pending resolution of preliminary injunction appeal).

17 Pickup IV, 728 F.3d at 1056 (concluding that “the First Amendment does not prevent a state from regulating treatment even when that treatment is performed through speech alone”). See also Maura Dolan, Ban on Therapy to ‘Convert’ Gay Minors Upheld, L.A. TIMES (Aug. 29, 2013), http://www.latimes.com/local/la-me-gay-conversion-therapy-20130830,0,1553445.story.

18 See Pickup IV, 728 F.3d at 1056 (stating that “[b]ecause S.B. 1172 regulates only treatment … we hold that S.B. 1172 is subject to only rational basis review”).

19 See id. at 1056-58.

20 See id.

21 See id. at 1055.

22 See id. at 1055, 1060 (stating that “[u]nder its police power, California has authority to prohibit licensed mental health providers from administering therapies that the legislature has deemed harmful”).

23 See id.

24 Pickup V, No. 12-17681, 13-15023 2014 WL 306860 (9th Cir. Jan. 29, 2014), amending and superseding Pickup IV, 728 F.3d 1042 (9th Cir. 2013). See also Cheryl Wetzstein, Court Upholds California Ban on ‘Sexual Orientation Change’ Therapy, WASH. TIMES (Jan. 29, 2014), http://www.washingtontimes.com/news/2014/jan/29/court-upholds-california-ban-on-sexual-orientation/ (quoting the bill's sponsor, State Senator Ted Lieu, who referred to the court's decision as “cement over the nail in the coffin of the bogus practice of ‘reparative’ therapy.”). The Ninth Circuit's decision to uphold S.B. 1172 and not to rehear the cases is not without controversy. Judge Diarmuid F. O'Scannlain, in a dissent joined by two other judges, lamented the Ninth Circuit's “regrettable failure” to rehear the cases, arguing that the state cannot prohibit unpopular speech simply by labeling it conduct. Pickup V, 2014 WL 306860, at *1-*2 (O'Scannlain, J., dissenting).

25 Petition for Writ of Certiorari, Pickup V, 2014 WL 306860 (No. 12-17681); Press Release, Liberty Counsel, Liberty Counsel Petitions Supreme Court on Change Therapy Ban (Feb. 6, 2014), http://www.lc.org/index.cfm?PID=14100&PRID=1404.

26 Chris Christie Signs New Jersey Ban on Gay Conversion Therapy, POLITICO (Aug. 20, 2013), http://www.politico.com/story/2013/08/chris-christie-gay-conversion-therapy-new-jersey-95666.html.

27 Act of Aug. 19, 2013, ch. 150, 2013 N.J. Laws 4(2).

28 Susan Livio, N.J. Gay Conversion Therapy Ban for Kids Challenged in Federal Court, NJ.COM (Aug. 26, 2013, 3:17 AM), http://www.nj.com/politics/index.ssf/2013/08/nj_gay_conversion_therapy_ban_for_kids_challenged_by_therapist_groups.html (reporting the immediate challenge to the New Jersey law); Cheryl Wetzstein, N.J. Judge Upholds Law Banning ‘Gay-Conversion’ Therapies for Youth, WASH. TIMES (Nov. 9, 2013), http://www.washingtontimes.com/news/2013/nov/9/nj-judge-upholds-law-banning-gay-conversion-therap/?utm_source=RSS_Feed&utm_medium=RSS# (describing the District's Court's dismissal of the complaint on grounds similar to those cited by the Ninth Circuit, that the New Jersey law is a reasonable regulation of treatment and not an imposition on protected speech).

29 Compare S.B. 1172, 2012 Leg. § 2 (Cal. 2012) (codified at CAL BUS. & PROF. CODE § 865-865.2 (West 2012)), with S.B. 4917, 2013-2014 Reg. Sess. (N.Y. 2013) (providing for license revocation), and H.B. 2691, 2011-2012 Gen. Assemb., 2012 Sess. (Pa. 2012), and S.B. 188, 130th Gen. Assemb., 2013-2014 Reg. Sess. (Ohio 2013), and S.B. 240, 2014 Leg. (Fla. 2013), and H.B. 91, 2014 Reg. Sess. (Md. 2014), and H.F. 1906, 88th Leg., 2013-2014 (Min. 2014), and H.B. 2451, 63d Leg., 2014 Reg. Sess. (Wash. 2014); and Council B. 200501, 20th Council, 2013-2014 Sess. (D.C. 2013); see also Michael Gold, Del. Cardin Introduces Bill to Ban Gay Conversion Therapy for Children, BALTIMORE SUN (Jan. 8, 2014), http://www.baltimoresun.com/features/gay-in-maryland/gay-matters/bs-gm-cardin-introduces-bill-to-ban-gay-conversion-therapy-20140108,0,920743.story (describing the introduction of H.B. 91 in Maryland); Brian M. Rosenthal, Ban on Therapy to Change Child's Sexual Orientation Moves Forward, UNION-BULLETIN (Feb. 10, 2014), http://union-bulletin.com/news/2014/feb/10/ban-therapy-change-childs-sexual-orientation-moves/ (describing unanimous vote of Washington's House Health Care & Wellness Committee in favor of H.B. 2451); Lila Shapiro, Bill Aiming to Ban Gay Conversion Therapy for Minors to Be Introduced in New York, HUFFINGTON POST (Apr. 26, 2013), http://www.huffingtonpost.com/2013/04/26/gay-conversion-therapy-new-york_n_3157999.html; Bob Vitale, Ohio Lawmaker Introduces Bill to Ban Conversion Therapy on Minors, LGBTQ NATION (Oct. 9, 2013), http://www.lgbtqnation.com/2013/10/ohio-lawmaker-introduces-bill-to-ban-conversion-therapy-on-minors/. An SOCE ban introduced in Virginia recently died in subcommittee. See H.B. 1135, 2014 Reg. Sess. (Va. 2014); Liberty Counsel, supra note 25 (noting the failure of the Virginia measure); Va. Assembly to Consider Bill to Ban Conversion Therapy on LGBT Youth, LGBTQ NATION (Jan. 5, 2014), http://www.lgbtqnation.com/2014/01/va-assembly-to-consider-bill-to-ban-conversion-therapy-on-lgbt-youth/ (describing the introduction of H.B. 1135 in Virginia).

30 S.B. 481, 2013-2014 Leg. (2014) (classifying the practice of SOCE on a minor as a Class A misdemeanor).

31 H. Cong. Res. 141, 112th Cong, 2d. Sess. (2012); Nick Wing, Jackie Speier Introduces ‘Stop Harming Our Kids’ Resolution, Hits ‘Ex-Gay’ Conversion ‘Quackery,’ HUFFINGTON POST (Nov. 29, 2012), http://www.huffingtonpost.com/2012/11/29/jackie-speier-stop-harming-our-kids_n_2212505.html; Press Release, Jackie Speier, Congresswoman Jackie Speier Calls for End to LGBT Conversion Quackery; Introduces Stop Harming Our Kids (SHOK) Resolution (Nov. 28, 2012), available at http://speier.house.gov/index.php?option=com_content&view=article&id=848:congresswoman-jackie-speier-calls-for-end-to-lgbt-conversion-quackery-introduces-stop-harming-our-kids-shok-resolution&catid=1:press-releases&Itemid=14.

32 Scott Roberts, UK Government Rules Out Banning Therapists from Providing Gay ‘Cures’ on Cost Grounds, PINKNEWS (Nov. 20, 2013), http://www.pinknews.co.uk/2013/11/21/comment-the-government-is-wrong-not-to-ban-gay-cure-therapy/ (“[Health Minister Norman Lamb] said, ‘We believe statutory regulation would not be appropriate and the costs to registrants or the taxpayer could not be justified[,]’ [and added] ‘[W]hile statutory regulation is sometimes necessary it is not always the most proportionate or effective means of ensuring the safe and effective care of patients.’”).

33 Id.

34 H.B. 154, 188th Gen. Ct., 2012-2013 Sess. (Mass. 2013) (as reported by J. Comm. on Children, Families & Pers. with Disabilities, Feb. 24, 2014) (stating that the practice of SOCE is a violation of Mass. Gen. Laws ch. 93A, § 2 (2013), which prohibits unfair and deceptive business practices and gives rise to a private cause of action by injured consumers under Mass. Gen. Laws ch. 93A, § 9).

35 Id. (“Whoever violates this section shall be considered to have violated section 2 of chapter 93A.”).

36 See id. § 2.

37 See id. § 9(3).

38 National Coming Out Day, HUMAN RIGHTS CAMPAIGN, http://www.hrc.org/resources/entry/national-coming-out-day (last visited Feb. 7, 2014) (“Every year on National Coming Out Day, we celebrate coming out as lesbian, gay, bisexual, transgender or as an ally.”).

39 SPLC Files Complaint Against Illinois Social Worker Offering ‘Ex-Gay’ Therapy, S. POVERTY LAW CENTER (Oct. 11, 2012), http://www.splcenter.org/get-informed/news/splc-files-complaint-against-illinois-social-worker-offering-ex-gay-therapy. SPLC filed a similar complaint against an Oregon psychiatrist back in May 2012. Oregon Doctor Should Be Investigated for Unethical Use of Conversion Therapy, S. POVERTY LAW CENTER (May 8, 2012), http://www.splcenter.org/get-informed/news/oregon-doctor-should-be-investigated-for-unethical-use-of-conversion-therapy.

40 SPLC Files Groundbreaking Lawsuit Accusing Conversion Therapy Organization of Fraud, S. POVERTY LAW CENTER (Nov. 27, 2012), http://www.splcenter.org/get-informed/news/splc-files-groundbreaking-lawsuit-accusing-conversion-therapy-organization-of-frau (quoting SPLC Deputy Legal Director Christine Sun, calling JONAH a “racket” that “profits off of shameful and dangerous attempts to fix something that isn't broken”).

41 JONAH INT’L, http://www.jonahweb.org/index.php (last visited Jan. 15, 2013) (formerly Jews Offering New Alternatives to Homosexuality); see James Eng, Four Men Sue New Jersey Organization Over “Gay Conversion Therapy,” NBCNEWS (Nov. 27, 2012), http://usnews.nbcnews.com/_news/2012/11/27/15486181-four-men-sue-new-jersey-organization-over-gay-conversion-therapy?lite.

42 See supra note 40.

43 See, e.g., S.B. 1172 § 1(n), 2012 Leg. (Cal. 2012) (codified at CAL. BUS. & PROF. CODE § 865-865.2 (West 2012)) (stating the legislature's interest in protecting LGBT minors from the physical and mental harms caused by SOCE); Act of Aug. 19, 2013, ch. 150, 2013 N.J. LAWS § 1(n) (2013).

44 Gans, Laura A., Inverts, Perverts, and Converts: Sexual Orientation Change Therapy and Liability, 8 B.U. PUB. INT. L.J. 219, 224 & nn.30-32 (1999)Google Scholar (citing scholars who describe the popular conception of psychotherapy as ineffective and noting the accepted effectiveness of psychotherapy).

45 S.B. 1172 § 2(b)(1).

46 Id.

47 See Gans, supra note 44, at 220 (noting that psychotherapeutic efforts to change sexual orientation are known by various names, including conversion therapy, reorientation therapy, or reparative therapy).

48 See Young, supra note 5, at 168 (“As early as 1996, commentators noted that reparative therapy was most often conducted through conventional therapy, i.e., psychotherapy.” (internal quotation marks omitted)); Yoshino, supra note 1.

49 See Hicks, Karolyn Ann, “Reparative” Therapy: Whether Parental Attempts to Change a Child's Sexual Orientation Can Legally Constitute Child Abuse, 49 AM. U. L. REV. 505, 513-14 & n.33 (1999)Google Scholar (using the term “reparative therapy” and discussing its origins); see also Gans, supra note 44.

50 See generally Haldeman, Douglas C., Sexual Orientation Conversion Therapy for Gay Men and Lesbians: A Scientific Study, in HOMOSEXUALITY: RESEARCH IMPLICATIONS FOR PUBLIC POLICY 149 (Gonsoriek, John C. & Weinrick, James D. eds., 1991)Google Scholar, available at http://drdoughaldeman.com/doc/ScientificExamination.pdf (discussing conversion therapy); see also Gans, supra note 44, at 224-26.

51 See Haldeman, supra note 50, at 156-59; Sacks, supra note 5, at 4-6.

52 See Sacks, supra note 5, at 4.

53 Haldeman, Douglas C., The Practice and Ethics of Sexual Orientation Conversion Therapy, 62 J. CONSULTING & CLINICAL PSYCHOLOGY 221, 221 (1994)CrossRefGoogle ScholarPubMed (cited in Sacks, supra note 5, at 4).

54 Haldeman, supra note 50, at 152.

55 See S.B. 1172 § 1(g), 2012 Leg., Reg. Sess. (Cal. 2012) (citing the American Medical Association's definition of “aversion therapy”: “[A] behavioral or medical intervention which pairs unwanted behavior, in this case, homosexual behavior, with unpleasant sensations or aversive consequences”); see also Manske, supra note 5 (detailing a young man's experience with aversion therapy, in which he was electrocuted, burned, and stabbed with needles); Sacks, supra note 5, at 19.

56 See VICKI L. EAKLOR, QUEER AMERICA: A PEOPLE's GLBT HISTORY OF THE UNITED STATES 150-51 (2008) (discussing social and political forces that led to the removal of homosexuality from the APA's Diagnostic and Statistical Manual of Mental Disorders).

57 See id.; see also Gans, supra note 44, at 221-22; Haldeman, supra note 50, at 149.

58 See Gans, supra note 50, at 222; see also POSITION STATEMENT ON THERAPIES FOCUSED ON ATTEMPTS TO CHANGE SEXUAL ORIENTATION (REPARATIVE OR CONVERSION THERAPIES), AM. PSYCHIATRIC ASS’N (2000) [hereinafter 2000 APA STATEMENT]; STATEMENT OF ETHICAL PRACTICE (1), BRITISH ASS’N FOR COUNSELING & PSYCHOTHERAPY (Sept. 18, 2012) [hereinafter BACP STATEMENT].

59 See Hicks, supra note 49, at 513-14 (discussing the positions of major mental health associations in the late 1990s).

60 See id.

61 See id. at 513-514 & n.37 (quoting a 1993 statement by the American Academy of Pediatrics asserting that SOCE are ineffective and probably harmful).

62 Pickup v. Brown, 728 F.3d 1042, 1050 (9th Cir. 2013).

63 See, e.g., NARTH Mission Statement, NARTH, http://narth.com/menus/mission.html (last visited Jan. 26, 2013).

64 See, e.g., 2000 APA STATEMENT, supra note 58; APA TASK FORCE, supra note 4, at 34, 39; POSITION STATEMENT ON ATTEMPTS TO CHANGE SEXUAL ORIENTATION, GENDER IDENTITY, OR GENDER EXPRESSION, AM. PSYCHOANALYTIC ASS’N (2012), available at http://www.apsa.org/About_APsaA/Position_Statements/Attempts_to_Change_Sexual_Orientation.aspx; “REPARATIVE” AND “CONVERSION” THERAPIES FOR LESBIANS AND GAY MEN: POSITION STATEMENT, NAT’L ASS’N OF SOC. WORKERS (2000), available at http://www.socialworkers.org/diversity/lgb/reparative.asp?print=1; see also Haldeman, supra note 50, at 150-56.

65 See generally APA TASK FORCE, supra note 4.

66 See id. at 82 (stating that deficiencies in the methodology of many studies left questions on the efficacy of SOCE unanswered).

67 Id. at 27 n.30.

68 See id. at 28-29.

69 See id.

70 See id.

71 Id. at 83.

72 Id. at 73.

73 See Haldeman, Douglas C., Gay Rights, Patient Rights: The Implications of Sexual Orientation Conversion Therapy, 33 PROF. PSYCHOLOGY: RES. & PRAC. 260, 261 (2002)CrossRefGoogle Scholar (“Typically, conversion therapists expect that patients’ homoerotic fantasies may continue [even as they] function in a heterosexual relationship.”).

74 See Jeffery Satinover, The Complex Interaction of Genes and Environment: A Model for Homosexuality, Address at the NARTH Annual Conference (July 29, 1995), available at http://www.catholiceducation.org/articles/homosexuality/ho0025.html (referring to “faint stirrings” of a past homosexual disposition that remain in the feelings of an ex-gay man, which the ex-gay man must continue to work to overcome); see also PAN AM. HEALTH ORG., WORLD HEALTH ORG., “CURES” FOR A DISEASE THAT DOES NOT EXIST 1, 2 (2012) [hereinafter PAHO/WHO STATEMENT], available at http://new.paho.org/hq/index.php?option=com_docman&task=doc_download&gid=17703&Itemid (“While some persons manage to limit the expression of their sexual orientation in terms of conduct, the orientation itself generally appears as an integral personal characteristic that cannot be changed.”).

75 See supra notes 5-7.

76 APA TASK FORCE, supra note 4, at 42 (noting that recent studies document reports of harm from SOCE, but that others document reports of patients who have benefited from SOCE).

77 Pitcherskaia v. INS, 118 F.3d 641, 648 (9th Cir. 1997) (emphasis added); Senate Floor Analysis on S.B. 1172, 2012 Leg. (Cal. 2012), available at http://leginfo.legislature.ca.gov/faces/billNavClient.xhtml?bill_id=201120120SB1172 (click on “Bill Analysis” tab, then select “8/28/12—Senate Floor Analyses”).

78 See S.B. 1172 § 1(b), 2012 Leg. (Cal. 2012) (codified at CAL. BUS. & PROF. CODE § 865-865.2 (West 2012)) (citing APA TASK FORCE, supra note 4, at 42, 50 (harms caused by SOCE include: confusion, depression, guilt, helplessness, hopelessness, shame, social withdrawal, suicidality, substance abuse, stress, disappointment, self-blame, “decreased self-esteem and authenticity to others,” increased self-hatred, “hostility and blame toward parents,” feelings of anger and betrayal, loss of friends and potential romantic partners, problems in sexual and emotional intimacy, sexual dysfunction, high-risk sexual behaviors, a “feeling of being dehumanized and untrue to self,” a loss of faith, and “a sense of having wasted time and resources”)); see generally Haldeman, Douglas C., Therapeutic Antidotes: Helping Gay and Bisexual Men Recover from Conversion Therapies, 5 J. GAY & LESBIAN PSYCHOTHERAPY 117 (2002)CrossRefGoogle Scholar (observing depression, avoidance of intimacy, sexual dysfunction, and de-masculinization as sequelae of SOCE); see also BACP STATEMENT, supra note 58.

79 APA TASK FORCE, supra note 4, at 42 (citing Beckstead, A.L. & Morrow, S.L., Mormon Clients’ Experiences of Conversion Therapy: The Need for a New Treatment Approach, 32 COUNSELING PSYCHOLOGIST 651, 651-90 (2004)CrossRefGoogle Scholar; Shidlo, A. & Schroeder, M., Changing Sexual Orientation: A Consumer's Report, 33 PROF. PSYCHOLOGY: RES. & PRAC. 249, 249-59 (2002)CrossRefGoogle Scholar).

80 APA TASK FORCE, supra note 4, at 42 (noting that high dropout rates often indicate both harmfulness and ineffectiveness of treatments). Similarly, studies by proponents of SOCE that claim a one-third success rate may indicate that many patients discontinue treatment due to negative experiences or feelings. See Haldeman, supra note 50, at 151.

81 BACP STATEMENT, supra note 58 (quoting PAHO/WHO STATEMENT, supra note 74, at 2).

82 Christian Counselors Acknowledge Harm from Anti-Gay Religious Teaching, FAITH IN AMERICA (Feb. 7, 2014), http://www.faithinamerica.org/2014/02/07/christian-counselors-acknowledge-harm-from-religious-teaching/ (describing the association's removal of language promoting reparative therapy from its 2014 Code of Ethics and its retention of other controversial language characterizing homosexuality as an objectionable “lifestyle” and encouraging celibacy for homosexual clients).

83 See Shidlo & Schroeder, supra note 79, at 254-56 (discovering psychological, social, interpersonal, and spiritual harm as a result of SOCE); JUST THE FACTS COALITION, JUST THE FACTS ABOUT SEXUAL ORIENTATION AND YOUTH: A PRIMER FOR PRINCIPALS, EDUCATORS, AND SCHOOL PERSONNEL, AM. PSYCHOLOGICAL ASS’N (2008), http://www.apa.org/pi/lgbt/resources/just-the-facts.pdf (stating that SOCE “ha[s] serious potential to harm young people”).

84 PAHO/WHO STATEMENT, supra note 74, at 2 (characterizing SOCE as a practice by which practitioners push the limit of the first principle of medical ethics: “First, do no harm”).

85 Spitzer, Robert L., Can Some Gay Men and Lesbians Change Their Sexual Orientation? 200 Participants Reporting a Change from Homosexual to Heterosexual Orientation, 32 ARCHIVES SEXUAL BEHAV. 403 (2003)CrossRefGoogle ScholarPubMed.

86 See John M. Becker, Exclusive: Dr. Robert Spitzer Apologizes to Gay Community for Infamous “Ex-Gay” Study, TRUTH WINS OUT (Apr. 25, 2012), http://www.truthwinsout.org/news/2012/04/24542/.

87 Id.; see also Benedict Carey, Psychiatry Giant Sorry for Backing Gay “Cure,” N.Y. TIMES (May 18, 2012), http://www.nytimes.com/2012/05/19/health/dr-robert-l-spitzer-noted-psychiatrist-apologizes-for-study-on-gay-cure.html?pagewanted=all&_r=0.

88 Glennisha Morgan, John Paulk, ‘Ex-Gay’ Leader, Apologizes For Involvement In Reparative Therapy Movement, HUFFINGTON POST (Apr. 25, 2013), http://www.huffingtonpost.com/2013/04/25/john-paulk-ex-gay-therapy-apology_n_3155536.html. For Paulk's official apology and excerpts from his estranged wife's official statement regarding their divorce, see Erin Rook, John Paul Apologizes for Ex-Gay Gospel, Wife Ann Says She’ll Pray for Him, PROUD QUEER MONTHLY (Apr. 24, 2013), http://www.pqmonthly.com/update-john-paulk-apologizes-for-ex-gay-gospel-wife-ann-says-shell-pray-for-him/14177 (indicating that their divorce was at least partially due to Paulk's homosexuality).

89 Morgan, supra note 88.

90 Erin McClam & Miranda Leitsinger, ‘Ex-Gay’ Group Says It's Shutting Down; Leader Apologizes for ‘Pain and Hurt,’ NBCNEWS (June 20, 2012), http://usnews.nbcnews.com/_news/2013/06/20/19056718-ex-gay-group-says-its-shutting-down-leader-apologizes-for-pain-and-hurt.

91 Id.

92 Id. (quoting Mr. Chambers: “I do not believe that cure is a word that is applicable to really any struggle, homosexuality included … . For someone to put out a shingle and say, ‘I can cure homosexuality’—that to me is as bizarre as someone saying they can cure any other common temptation or struggle that anyone faces on Planet Earth.”).

93 Id.

94 The California and New Jersey statutes use identical language to express this interest. Compare S.B. 1172 § 1(n), 2012 Leg. (Cal. 2012) (codified at CAL. BUS. & PROF. CODE § 865-865.2 (West 2012)), with Act of Aug. 19, 2013, ch. 150, 2013 N.J. LAWS § 4(1)(n) (2013).

95 See S.B. 1172 § 1(b) (citing the position statements of the American Psychological Association, the American Psychiatric Association, the American School Counselor Association, the American Academy of Pediatrics, the American Medical Association, the National Association of Social Workers, the American Counseling Association Governing Council, the American Psychoanalytic Association, the American Academy of Child and Adolescent Psychiatry, and the Pan American Health Organization); Act of Aug. 19, 2013, ch. 150, 2013 N.J. LAWS § 4(1)(n) (also citing the position statements of the American Psychological Association, the American Psychiatric Association, the American School Counselor Association, the American Academy of Pediatrics, the American Medical Association, the National Association of Social Workers, the American Counseling Association Governing Council, the American Psychoanalytic Association, the American Academy of Child and Adolescent Psychiatry, and the Pan American Health Organization).

96 S.B. 1172 § 1(m) (citing Ryan, Caitlin et al., Family Rejection as a Predictor of Negative Health Outcomes in White and Latino Lesbian, Gay and Bisexual Young Adults, 123 PEDIATRICS 346 (2009)CrossRefGoogle ScholarPubMed).

97 Young, supra note 5, at 163 (“Psychological abuse from family members affects queer youth more than any other group of adolescents, and sixty percent of gay-related violence suffered by these children takes place in the home.” (internal quotation marks omitted)).

98 See APA TASK FORCE, supra note 4, at 72-74 (finding no evidence that the type of distress that might lead a child or adolescent to request SOCE is a normal part of the development of LGBT youth).

99 Hicks, supra note 49, at 517-19.

100 APA TASK FORCE, supra note 4, at 76; see also Hicks, supra note 49, at 517-19.

101 See, e.g., Lyn Duff, I Was a Teenage Test Case, 16 CAL. LAW. 47 (1996) (chronicling the author's struggle with her mother over her sexual orientation, leading to her institutionalization and subsequent escape and adoption by a lesbian couple); see also Orly Rachmilovitz, Masters of Their Own Destiny: Children's Identities, Parents’ Assimilation Demands and State Intervention, 49 & n.211 (Aug. 13, 2013) (unpublished manuscript) (citing Duff, supra, at 47) (describing coercive or violent responses by parents to the sexual orientation or gender identity of their children).

102 See, e.g., Gans, supra note 44, at 232-38 (providing general overview of negligent malpractice claims against psychotherapists); Sacks, supra note 5, at 83.

103 See CHRISTOPHER SLOBOGIN ET AL., LAW AND THE MENTAL HEALTH SYSTEM: CRIMINAL & CIVIL ASPECTS 127 (5th ed. 2009) (citing DAN B. DOBBS ET AL., PROSSER & KEETON, ON THE LAW OF TORTS § 30 (5th ed. 1984)) (elements of a negligence claim: (1) a “duty, or obligation, recognized by the law, requiring the person to conform to a certain standard of conduct, for the protection of others against unreasonable risks;” (2) a “failure on the person's part to conform to the standard required: a breach of duty;” (3) a “reasonably close causal connection between the conduct and the resulting injury;” (4) an “[a]ctual loss or damage resulting to the interests of another”).

104 See Gans, supra note 44, at 234 (outlining the elements of negligence in terms of professional liability for psychotherapists).

105 See id. at 129 (“[A] key requirement for the imposition of liability is the failure to exercise the required ‘standard of care’ in the particular circumstances under which the treatment was rendered.”).

106 Id. at 133 (internal quotation marks omitted).

107 Gans, supra note 44, at 220.

108 SLOBOGIN ET AL., supra note 103, at 134.

109 See Chumbler v. McClure, 505 F.2d 489, 493 (6th Cir. 1974) (“[W]here two or more schools of thought exist among competent member of the medical profession concerning proper medical treatment for a given ailment … it is not malpractice to be among the minority … .”) (cited in SLOBOGIN ET AL., supra note 103, at 139 (discussing the “respectable minority doctrine” with respect to psychotherapists)); Gans, supra note 44, at 234-35 (“While plaintiff-patients are generally successful in proving that the psycho-therapist owed them a duty of care, they have been less successful in establishing the attendant standard of care … . The myriad schools of thought in the mental health field helps explain why the standard is less clearly defined [than, e.g., in the field of medicine].”).

110 Gans, supra note 44, at 235.

111 Id. (“[T]he plaintiff must show that ‘something the psychotherapist did or failed to do proximately caused the emotional injury.’”) (quoting JOSEPH T. SMITH, MEDICAL MALPRACTICE: PSYCHIATRIC CARE 89 (1986)).

112 SLOBOGIN ET AL., supra note 103, at 124.

113 See supra Part II.C.2; Gans, supra note 44, at 237 (noting that the likelihood of preexisting psychological or emotional problems presents a difficulty in establishing proximate causation in SOCE cases); Young, supra note 5, at 198 (labeling as the “crux of the evidentiary problem” in SOCE cases the fact that “[i]t is generally accepted that reparative therapy does not work, that homosexuality is not a mental illness, and that homosexuals are much more prone to have mental illnesses than heterosexuals, yet there appears to be scant evidence, apart from anecdotes, that reparative therapy is harmful”); see also Ryan, supra note 96, at 349 (finding mental problems in about half of adolescent LGBT study participants).

114 Cheryl Wetzstein, Second Suit Filed Against California's Gay-Change Therapy Ban, WASH. TIMES (Oct. 4, 2012), http://www.washingtontimes.com/news/2012/oct/4/second-suit-filed-against-calilfornias-gay-change-/ [hereinafter Wetzstein, Second Suit].

115 Cheryl Wetzstein, Ban Urged, supra note 12 (quoting Democratic State Senator Ted W. Lieu and Clarissa Filgioun, president of the board of directors of Equality California, an LGBT rights organization); see also S.B. 1172, 2012 Leg. §§ 1(d), (h), (k), (n) (Cal. 2012) (codified at CAL. BUS. & PROF. CODE § 865-865.2 (West 2012)).

116 Wetzstein, Second Suit, supra note 114; see also S.B. 1172 § 1 (citing recommendations from major mental health organizations encouraging therapies supportive of a client's sexual orientation); S.B. 1172 § 2 (stating that the definition of SOCE does not include, and therefore does not prohibit, therapies that “provide acceptance, support, and understanding of clients or the facilitation of clients’ coping, social support, and identity exploration and development, including sexual orientation-neutral interventions to prevent or address unlawful conduct or unsafe sexual practices; and … do not seek to change sexual orientation”).

117 Michael J. Mishak & Patrick McGreevy, California Lawmakers Advance Ban on Gay ‘Conversion’ Therapy, L.A. TIMES (June 1, 2012), http://articles.latimes.com/2012/jun/01/local/la-me-legislature-20120601.

118 S.B. 1172 § 2.

119 Id. § 2(b)(1).

120 Id.

121 Healing Arts: Sexual Orientation Change Efforts: Hearing on S.B. 1172 Before the S. Comm. on Bus., Professions, & Econ. Dev., 2011-12 Leg. at 9 (Cal. 2012) [hereinafter Business Committee Report] (discussing the private cause of action included in the original bill).

122 Id.

123 See S. RULES COMM., HEALING ARTS: SEXUAL ORIENTATION CHANGE EFFORTS, S.B. 1172, 2011-12 Leg. at 1 (Cal. 2012) [hereinafter Rules Committee Report] (documenting the amendment of S.B. 1172 to remove the private cause of action against practitioners of SOCE by former patients); Hannah Madans, California Senate OKs Ban on Gay Minors’ Therapy, SACRAMENTO BEE (May 31, 2012), http://www.sacbee.com/2012/05/31/4527239/california-senate-oks-ban-on-gay.html [hereinafter Madans, Senate OKs Ban]; Hannah Madans, Bill to Limit Sexual Orientation Change Therapy in California Draws Opposition, SACRAMENTO BEE (May 23, 2012), http://www.sacbee.com/2012/05/23/4509836/bill-to-limit-sexual-orientation.html [hereinafter Madans, Opposition].

124 S.B. 1172.

125 See, e.g., Madans, Opposition, supra note 123, (describing the opposition by the California Psychological Association and other mental health groups that led to the removal of the private cause of action).

126 See, e.g., Business Committee Report, supra note 121, at 9-10 (documenting opposition to S.B. 1172 by the CPA, the California Association for Licensed Professional Clinical Counselors, the California Psychiatric Association, and the California Association of Marriage and Family Therapists).

127 Id. (“[Professional organizations] indicate that they are troubled by the complete ban on SOCE treatment for minors, especially in the situation wherein the minor legally consents to his/her own treatment free of parental or guardian influence.” (internal quotation marks omitted)).

128 Id. Similarly, the CPA and the Organizations opposed provisions in the draft bill that would have required psychotherapists to obtain informed consent before engaging in SOCE with adult patients, which they believed would “micromanage” therapists’ work. See id. (“The CPA is willing to support the bill if it removes the outright ban on SOCE for minors and if the informed consent form is simplified.”); see also AMENDED BILL TEXT, S.B. 1172 (Cal. 2012), available at http://www.leginfo.ca.gov/pub/11-12/bill/sen/sb_1151-1200/sb_1172_bill_20120416_amended_sen_v97.html.

129 See Madans, Opposition, supra note 123 (emphasis added).

130 See Rules Committee Report, supra note 123, at 7-8 (listing the CPA and the California Association of Marriage and Family Therapists among the organizations registered in support of S.B. 1172, and no longer listing the California Association for Licensed Professional Clinical Counselors and the California Psychiatric Association among those registered in opposition); see also Madans, Senate OKs Ban, supra note 123 (stating that the legislature amended S.B. 1172 to remove the private cause of action in order to win the support of mental health groups that previously opposed that provision); cf. Business Committee Report, supra note 121, at 10 (listing all four organizations as registered in opposition).

131 See, e.g., CAL. BUS. & PROF. CODE §§ 2920, 4990 (West 2012) (creating the Board of Psychology and the Board of Behavioral Sciences, respectively).

132 State laws that prohibit a particular form of psychotherapy are part of the state's normal regulation of the profession and protection of the public from unsafe modalities. See SLOBOGIN ET AL., supra note 103, at 147-48 (describing the authority of state legislatures and courts to label as unsafe particular methods of psychotherapy and to prohibit and punish their practice); id. at 148 (citing a Colorado statute prohibiting and punishing with criminal penalties a method of psychotherapy that physically endangered patients).

133 Letter from the National Center for Lesbian Rights to Edmund G. Brown, Governor of California 3 (Sept. 13, 2012) [hereinafter NCLR Letter], available at http://web.archive.org/web/20121113185115/http://www.nclrights.org/site/DocServer/NCLR_SB1172_GovBrown_Letter.pdf (hosting a copy of the webpage, which is no longer available on the National Center for Lesbian Rights’ website).

134 Borruso, Michael T., Sexual Abuse by Psychotherapists: The Call for a Uniform Criminal Statute, 17 AM. J. L. & MED. 289, 298-99 (1991)Google ScholarPubMed (citing provisions in the California Business & Professions Code that prohibit practicing psychology or holding oneself out to be a psychologist without a license (§ 2903), prohibiting unlicensed practitioners from applying the methods and principles associated with psychotherapy (§§ 2903, 2908), and banning unlicensed alternative therapies and imposing criminal sanctions on those who practice them (§ 2903)); Peer v. Municipal Ct., 128 Cal. App. 3d. 733, 736 (1982) (stating that without criminal sanctions, unlicensed therapists would be beyond reproach).

135 See Filing a Complaint with the Board of Psychology, DEP't OF CONSUMER AFFAIRS: [CAL.] BD. OF PSYCHOLOGY, http://www.psychboard.ca.gov/consumers/filecomplaint.shtml (last visited Jan. 17, 2013); Enforcement Statistical Overview, DEP't OF CONSUMER AFFAIRS: [CAL.] BD. OF BEHAVIORAL SCIS., http://www.bbs.ca.gov/consumer/enfstats.shtml (last visited Jan. 17, 2013) (indicating that disciplinary actions by the California Board of Behavioral Sciences commence with complaints by consumers).

136 See infra Part V.B.1, 3.

137 See supra Part III.

138 See infra Part V.A.

139 See infra Part V.B.

140 See infra Part V.C.

141 See supra Part III.B.

142 See supra Part III.A.

143 Casey v. Russell, 138 Cal. App. 3d 379, 383 (Cal. Ct. App. 1982) (“[A]pplication of the doctrine of negligence per se means that the court has adopted the conduct prescribed by the statute as the standard of care for a reasonable person in the circumstances. In such a case, a violation of the statute is presumed to be negligence. If the actor can show some excuse or justification for violating the statute, however, then the presumption of negligence may be rebutted.” (citations omitted)); see also Satterlee v. Orange Glenn Sch. Dist., 177 P.2d 279, 283 (Cal. 1947) (“An act or failure to act below the statutory standard is negligence per se, or negligence as a matter of law.”), disapproved of on other grounds by Alarid v. Vanier, 327 P.2d 897 (Cal. 1958).

144 Casey, 138 Cal. App. 3d at 383 (citing CAL. EVID. CODE § 669(a) (West 1967)).

145 Casey, 138 Cal. App. 3d at 383-84 (citing CAL. EVID. CODE § 669(b)).

146 Casey, 138 Cal. App. 3d at 383 (citations omitted).

147 S.B. 1172, 2012 Leg. (Cal. 2012) (codified at CAL. BUS. & PROF. CODE § 865-865.2 (West 2012)).

148 Id. §§ 1(n), 2 (describing the interest of the state in preventing harm to minors and prohibiting the practice of SOCE on persons under the age of eighteen, respectively).

149 See supra Part III.B.

150 Casey, 138 Cal. App. 3d at 383 (citing CAL. EVID. CODE § 669(a)(2) (West 1967)); see also Satterlee v. Orange Glenn Sch. Dist., 177 P.2d 279, 283 (Cal. 1947) (“[I]f the evidence establishes that the … violation of the statute or ordinance proximately caused the injury … , responsibility may be fixed upon the violator without other proof of failure to exercise due care.”).

151 See S.B. 1172 §§ 1(d)-(l) (discussing various studies finding risk of harm with SOCE therapy).

152 See supra notes 96-97, 101 and accompanying text.

153 CAL. CIV. PROC. CODE § 340.5 (West 2012) (“In an action for injury or death against a health care provider based upon such person's alleged professional negligence, the time for the commencement of action shall be three years after the date of injury or one year after the plaintiff discovers, or through the use of reasonable diligence should have discovered, the injury, whichever occurs first … . Actions by a minor shall be commenced within three years from the date of the alleged wrongful act … .”) (interpreted by David M. v. Beverly Hosp., 32 Cal. Rptr. 3d 649, 653 (Cal. Ct. App. 2005) (“[T]he applicable limitations period for actions against a health care provider is not the general statute of limitations with tolling during the age of minority … but rather the specific limitations period in section 340.5.”)); CAL. FAM. CODE §§ 6500-01 (West 2013) (stating that a “minor is an individual who is under 18 years of age” and an “adult is an individual who is 18 years of age or older,” respectively).

154 CAL. CIV. PROC. CODE § 340.5.

155 Id. (“Actions by a minor shall be commenced within three years from the date of the alleged wrongful act … .”)

156 Id. § 372 (“When a minor … is a party, [he] shall appear either by a guardian or conservator of the estate or by a guardian ad litem appointed by the court in which the action or proceeding is pending, or by a judge thereof, in each case.”).

157 APA TASK FORCE, supra note 4, at 73-74 (discussing the lack of evidence that distress over sexual orientation is a natural part of the development of LGBT youth and linking the few documented examples of such distress to the religious views of the families to which minors who experience distress belong); see also Ryan, supra note 96, at 349 (linking family rejection with mental health issues in LGBT youth); Caitlin Ryan, Helping Families Support Their Lesbian, Gay, Bisexual, and Transgender (LGBT) Children, NAT’L CTR. FOR CULTURAL COMPETENCE 1, 5 (2009), http://nccc.georgetown.edu/documents/LGBT_Brief.pdf (describing efforts by parents of LGBT youth change their children's sexual orientation or gender-nonconforming behavior).

158 See Families Supporting an LGBTQ Child, LAMBDA LEGAL & CHILD WELFARE LEAGUE OF AM., available at http://data.lambdalegal.org/publications/downloads/gdtb_families-supporting-an-lgbtq-child.pdf (last visited Jan. 21, 2013) (recommending that parents assist their LGBT children in situations of sexual orientation-related harassment as they would with any other type of harassment).

159 Hicks, supra note 49, at 527 (stating that “[i]t is likely that other forms or abuse already exist in a family that would seek ‘reparative therapy,’” and that over 60% of sexual orientation-related violence toward LGBT youth occurs in the home).

160 Kevin Urbatsch & Mercy Hall, Settling a Minor's Lawsuit: A Procedural & Practical Primer, PLAINTIFF MAGAZINE 1 & n.2, July 2012, available at http://www.plaintiffmagazine.com/July12/Urbatsch-&-Hall_Settling-a-minors-lawsuit_A-procedural-and-practical-primer_Plaintiff-magazine.pdf (citing CAL. CIV. PROC. CODE §§ 372, 373(a) (West 2012) (“If the minor is the plaintiff the appointment must be made before the summons is issued, upon the application of the minor, if the minor is of the age of 14 years, or if under that age, upon the application of a relative or friend of the minor.”)).

161 CAL. CIV. PROC. CODE § 373(a).

162 Marshall S. Zolla & Lisa Helfend Meyer, Guards of the House, L.A. CNTY. BAR ASS’N, http://www.lacba.org/showpage.cfm?pageid=799 (last visited Jan. 21, 2013).

163 See supra Part V.C.1.

164 See APA TASK FORCE, supra note 4, at 73-75; Hicks, supra note 49, at 527-29.

165 Youth Project Overview, NAT’L CTR. FOR LESBIAN RIGHTS, http://web.archive.org/web/20131803081700/http://www.nclrights.org/site/PageServer?pagename=issue_youth_overview (last visited Jan. 21, 2013) (hosting a copy of the webpage, which is no longer available on the National Center for Lesbian Rights’ website, as it appeared on April 8, 2013).

166 See Young, supra note 5 (“Queer youth who disclose their sexual identity to unaccepting parents may suffer emotional and physical abuse. Parents may banish the child from the house and shirk their legal duty to provide financial support because they want to disown the sexuality of their child. Within this web of physical and emotional abuse lie parental efforts to change their child's sexual orientation, otherwise known as reparative therapy.” (internal quotation marks omitted)); see generally Martin, Sonia Renee, A Child's Right to Be Gay: Addressing the Emotional Maltreatment of Queer Youth, 48 HASTINGS L.J. 167 (1996)Google Scholar (pointing out the role of parents’ belief in the mutability of a homosexual orientation in rationalizing parents’ mistreatment of their LGBT children).

167 See supra Part II.D.

168 See generally Duff, supra note 101 (describing the author's harrowing experience as a minor seeking representation and conducting a suit to transfer her guardianship to a lesbian couple after her mother had forced her to undergo SOCE).

169 See S.B. 1172, 2012 Leg. (Cal. 2012) (codified at CAL. BUS. & PROF. CODE § 865-865.2 (West 2012)).

170 See supra Part III.B.2.

171 See supra Part III.B-C.

172 See Business Committee Report, supra note 121, at 4.

173 AMENDED BILL TEXT, S.B. 1172 (Cal. 2012), available at http://www.leginfo.ca.gov/pub/11-12/bill/sen/sb_1151-1200/sb_1172_bill_20120416_amended_sen_v97.html.

174 Id. The original language of the bill allowed the parents, children, and siblings of a deceased former patient to sue within the limitations period as well, but this language was omitted here for brevity's sake. Id.

175 See supra Part V.B.1.

176 See supra Part V.B.2.

177 See supra Part IV.

178 See, e.g., Gans, supra note 44, at 245-49 (intentional infliction of emotional distress); Sacks, supra note 5, at 78 (intentional infliction of emotional distress, violation of informed consent). For the debate on whether parents may be charged with child abuse for subjecting a minor to SOCE, compare Hicks, supra note 49 (arguing that reparative therapy comes within the legislative definition of child abuse), with Young, supra note 5 (rebutting Hicks's argument).

179 See supra note 40.

180 See supra notes 40-42 and accompanying text.

181 See H.B. 154, 188th Gen. Ct., 2012-2013 Sess. (Mass. 2013) (as reported by J. Comm. on Children, Families & Pers. with Disabilities, Feb. 24, 2014) (stating that the practice of SOCE is a violation of Mass. Gen. Laws ch. 93A, § 2 (2013), which prohibits unfair and deceptive business practices and gives rise to a private cause of action by injured consumers under Mass. Gen. Laws ch. 93A, § 9).

182 See MASS. GEN. LAWS ch. 93A § 2; see also Aspinall v. Phillip Morris Cos., Inc., 813 N.E.2d 476 (Mass. 2004) (describing the standards for unfair and deceptive conduct).

183 See MASS. GEN. LAWS ch. 93A § 2(c).

184 See id. § 9(3).

185 Fair, Accurate, Inclusive and Respectful (FAIR) Education Act, S.B. 48, 2011 Leg. (Cal. 2011) (codified at CAL. EDUC. CODE. §§ 51204.5, 51500, 51501, 60040, 60044 (West 2011)) (requiring that instruction in social sciences include study of the role and contributions of LGBT Americans to the development of California and the United States).

186 CAL. HEALTH & SAFETY CODE §§ 1522.41, 1529.2 (West 2012); CAL. WELF. & INST. CODE §§ 16001.9, 16003 (West 2012) (creating cultural competency standards for foster homes housing LGBT youth).

187 Seth's Law, A.B. 9, 2012 Leg. (Cal. 2012) (codified at CAL. EDUC. CODE §§ 234, 234.1, 234.2, 234.3, 234.5 (West 2012)) (requiring school districts to include sexual orientation and gender identity among their enumerated lists of the bases upon which discrimination, harassment, and bullying are prohibited). See also A.B. 620, 2011 Leg. (Cal. 2011) (codified at CAL. EDUC. CODE. §§ 66010.2, 66251, 66260.7, 67380, 69433.5, 69762, 87400, 89307.2, 66027, 66302, 66271.2-3 (West 2011)) (requiring rules on the treatment of LGBT students in the codes of conduct of state postsecondary educational institutions and requiring institutions to monitor the quality of life of LGBT students).

188 CAL. HEALTH & SAFETY CODE § 124260 (allowing minors over the age of twelve who is deemed mature by a mental health professional or social worker to seek and consent to mental health services).

189 2013 Legislation, EQUALITY CAL., http://www.eqca.org/site/pp.asp?c=kuLRJ9MRKrH&b=4025483 (last visited Jan. 15, 2014) (describing the legislative advocacy of Equality California as successful in passing eighty pro-LGBT bills in the past fifteen years, making California a “state of equality” and increased the visibility, awareness, and acceptance of LGBT youth).