SENATE MEMORIAL 42

52nd legislature - STATE OF NEW MEXICO - first session, 2015

INTRODUCED BY

Jacob R. Candelaria

A MEMORIAL

REQUESTING THE SECRETARY OF HEALTH TO CONVENE A WORKING GROUP TO ASSESS THE PREVALENCE AND PRACTICE OF EFFORTS TO CHANGE THE SEXUAL ORIENTATION, GENDER IDENTITY OR GENDER EXPRESSION CHANGE EFFORTS IN NEW MEXICO.

     WHEREAS, "conversion" or "reparative" therapy is a practice that attempts to change the sexual orientation, gender identity or gender orientation of homosexual or transgendered minors; and

     WHEREAS, according to the American psychological association fact sheet Gender Diversity and Transgender Identity in Adolescents, attempts to force gender-diverse and transgender youths to change their behavior to fit into social norms may traumatize the youths and stifle their development into healthy adults; and

     WHEREAS, the American psychological association has concluded that sexual orientation change efforts can pose critical health risks to lesbian, gay and bisexual people, such as confusion, depression, guilt, helplessness, hopelessness, shame, social withdrawal, thoughts of suicide, substance abuse, stress, disappointment, self-blame, decreased self-esteem and decreased authenticity to others, increased self-hatred, hostility and blame toward parents, 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; and

     WHEREAS, in 2009, the American psychological association issued a resolution advising parents, guardians, young people and their families to "avoid sexual orientation change efforts that portray homosexuality as a mental illness or developmental disorder and to seek psychotherapy, social support and educational services that provide accurate information on sexual orientation and sexuality, increase family and school support and reduce rejection of sexual minority youth"; and

     WHEREAS, many other mental health organizations have taken positions in opposition to attempts to "convert" or "repair" homosexuality, including the American psychiatric association, the American medical association council on scientific affairs, the national association of social workers, the American counseling association governing council and the American school counselor association; and

     WHEREAS, laws in California, New Jersey and Washington, D.C., have banned the practice of using conversion or reparative therapy to change minors' sexual orientation or gender identity or expression; and

     WHEREAS, New Mexico has a compelling interest in protecting the physical and psychological well-being of its minors, including lesbian, gay, bisexual and transgender youths, and in protecting its minors against exposure to harm that may be caused by sexual orientation, gender identity and gender expression change efforts;

     NOW, THEREFORE, BE IT RESOLVED BY THE SENATE OF THE STATE OF NEW MEXICO that the secretary of health be requested to convene a working group of representatives from the department of health, the children, youth and families department, the human services department, the public education department, equality New Mexico and the transgender resource center of New Mexico; and

     BE IT FURTHER RESOLVED that the working group be requested to review whether any sexual orientation, gender identity or gender expression change efforts attempted on a patient under eighteen years of age by a person who is licensed in New Mexico to provide professional counseling or a person who performs counseling as a part of the person's professional training should be considered unprofessional conduct; and

     BE IT FURTHER RESOLVED that the working group be requested to compile and make available to the public a report that includes a survey of reparative, conversion and other change efforts under way throughout the state; and

     BE IT FURTHER RESOLVED that copies of this memorial be transmitted to the governor, the secretary of health, the secretary of children, youth and families, the secretary of human services, the secretary of public education, the executive director of equality New Mexico and the executive director of the transgender resource center of New Mexico.

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