Council Member Krasher introduced the following: Ordinance Number AN ORDINANCE AMENDING CHAPTER 373 (YOUTH PROTECTION AGAINST

TOBACCO PROMOTION) OF THE CODE OF THE CITY OF ALBANY TO ADD A NEW ARTICLE II ENTITLED RESTORATIVE THERAPY The City of Albany, in Common Council convened, does hereby ordain and enact: Section 1. The title of Chapter 373 of the Code of the City of Albany is hereby amended to read as follows: YOUTH PROTECTION AGAINST TOBACCO PROMOTION Section 2. Sections 373-1 through 373-9 shall hereby be contained in Article I entitled Tobacco Promotion. Section 3. Chapter 373 of the Code of the City of Albany is hereby amended by adding a new Article II entitled Restorative Therapy to read as follows: 373-10. Legislative Intent. The City of Albany Common Council hereby finds and declares that being lesbian, gay, or bisexual is not a disease, disorder, illness, deficiency, or shortcoming. The major professional associations of mental health practitioners and researchers in the United States have recognized this fact for nearly 40 years. The American Psychological Association convened a Task Force on Appropriate Therapeutic Responses to Sexual Orientation. The task force concluded that sexual orientation change efforts can pose critical health risks to lesbian, gay, and bisexual people, including 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. The American Psychological Association issued a resolution on Appropriate Affirmative Responses to Sexual Orientation Distress and Change Efforts in 2009, which states: The American Psychological Association advises 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 supports, and educational services that provide accurate information on sexual orientation and sexuality, increase family and school support, and reduce rejection of sexual minority youth. In addition, the American School Counselor Association, the American Academy of Pediatrics, the American Medical Association Council on Scientific Affairs, the National Association of Social Workers, the American Counseling Association Governing Council, the American Psychoanalytic Association, the American Academy of Child and Adolescent Psychiatry, the Pan American Health Organization have all opposed the use of restorative therapy

to change an individuals sexual orientation due to the negative effects and lack of evidence that sexual orientation can be altered this way. The City of Albany has a compelling interest in protecting the physical and psychological well-being of minors, including lesbian, gay, bisexual, and transgender youth, and in protecting its minors against exposure to serious harms caused by sexual orientation change efforts. 373-11. Prohibition on Restorative Therapy of Minors A. "Sexual orientation change efforts" means any practice by an individual that seeks to change a minors sexual orientation, including, but not limited to, efforts to change behaviors, gender identity, or gender expressions, or to eliminate or reduce sexual or romantic attractions or feelings towards individuals of the same sex and shall not include counseling for a person seeking to transition from one gender to another, or psychotherapies that: (a) provide acceptance, support and understanding of patients or the facilitation of patients' coping, social support and identity exploration and development, including sexual orientation-neutral interventions to prevent or address unlawful conduct or unsafe sexual practices; and (b) do not seek to change sexual orientation. B. It shall be unlawful for any individual, other than a parent or legal guardian, to engage in sexual orientation change efforts upon any minor. Section 4. This ordinance shall take effect immediately.

APPROVED AS TO FORM September 3, 2014 __________________________ Corporation Counsel

TO: FROM: RE:

Nala Woodard, City Clerk Council Member Krasher Request for Common Council Legislation Supporting Memorandum March 1, 2014February 20, 2014

DATE:

ORDINANCE NUMBER TITLE: AN ORDINANCE AMENDING CHAPTER 373 (YOUTH PROTECTION AGAINST TOBACCO PROMOTION) OF THE CODE OF THE CITY OF ALBANY TO ADD A NEW ARTICLE II ENTITLED RESTORATIVE THERAPY GENERAL PURPOSE OF LEGISLATION: This ordinance would prohibit any individual other than a parent or legal guardian from engaging in sexual orientation change efforts, as defined, with a minor. NECESSITY FOR LEGISLATION AND ANY CHANGE TO EXISTING LAW: Being lesbian, gay, bisexual, or transgender is not a disease, disorder, illness, deficiency, or shortcoming. The major professional associations of mental health practitioners and researchers in the United States have recognized this fact for nearly 40 years. While much has been published on this topic, an article by Caitlin Ryan et al. entitled, Family Rejection as a Predictor of Negative Health Outcomes in White and Latino Lesbian, Gay, and Bisexual Young Adults states well in its conclusion that minors who experience family rejection based on their sexual orientation face especially serious health risks. Lesbian, gay, bisexual, and transgender young adults who reported higher levels of family rejection during adolescence were 8.4 times more likely to report having attempted suicide, 5.9 times more likely to report high levels of depression, 3.4 times more likely to use illegal drugs, and 3.4 times more likely to report having engaged in unprotected sexual intercourse compared with peers from families that reported no or low levels of family rejection. In this harmful practice, the possibility that the person might achieve happiness and satisfying interpersonal relationships as a gay, man or lesbian is not presented, nor are alternative approaches to dealing with the effects of societal stigmatization discussed. FISCAL IMPACT: None.