North Carolina SB 382: Mental Health Protection Act.

Bill Text

GENERAL ASSEMBLY OF NORTH CAROLINA
SESSION 2025
S 1
SENATE BILL 382

Short Title: Mental Health Protection Act. (Public)
Sponsors: Senator Grafstein (Primary Sponsor).
Referred to: Rules and Operations of the Senate
March 24, 2025
*S382-v-1*
A BILL TO BE ENTITLED 1
AN ACT CONCERNING THE PROTECTION OF MINORS AND ADULTS WHO HAVE 2
DISABILITIES FROM ATTEMPTS TO CHANGE SEXUAL ORIENTATION, GENDER 3
IDENTITY, AND GENDER EXPRESSION. 4
Whereas, contemporary science recognizes that being lesbian, gay, bisexual, or 5
transgender is part of the natural spectrum of human identity and is not a disease, disorder, or 6
illness; and 7
Whereas, the American Psychological Association convened a Task Force on 8
Appropriate Therapeutic Responses to Sexual Orientation (Task Force). The Task Force 9
conducted a systemic review of peer-reviewed journal literature on sexual orientation change 10
efforts and issued a report on those efforts in 2009. The Task Force concluded that sexual 11
orientation change efforts can pose critical health risks to lesbian, gay, and bisexual people, 12
including confusion, depression, guilt, helplessness, hopelessness, shame, social withdrawal, 13
suicidality, substance abuse, stress, disappointment, self-blame, decreased self-esteem and 14
authenticity to others, increased self-hatred, hostility and blame toward parents, feelings of anger 15
and betrayal, loss of friends and potential romantic partners, problems in sexual and emotional 16
intimacy, sexual dysfunction, high-risk sexual behaviors, a feeling of being dehumanized and 17
untrue to self, a loss of faith, and a sense of having wasted time and resources; and 18
Whereas, in 2009, the American Psychological Association issued a resolution on 19
Appropriate Affirmative Responses to Sexual Orientation Distress and Change Efforts, stating: 20
"[T]he [American Psychological Association] advises parents, guardians, young people, and their 21
families to avoid sexual orientation change efforts that portray homosexuality as a mental illness 22
or developmental disorder and to seek psychotherapy, social support, and educational services 23
that provide accurate information on sexual orientation and sexuality, increase family and school 24
support, and reduce rejection of sexual minority youth."; and 25
Whereas, the American Psychiatric Association published a position statement in 26
March of 2000 in which it stated the following: 27
"Psychotherapeutic modalities to convert or 'repair' homosexuality are based on 28
developmental theories whose scientific validity is questionable. Furthermore, anecdotal reports 29
of 'cures' are counterbalanced by anecdotal claims of psychological harm. In the last four decades, 30
'reparative' therapists have not produced any rigorous scientific research to substantiate their 31
claims of cure. Until there is such research available, [the American Psychiatric Association] 32
recommends that ethical practitioners refrain from attempts to change individuals' sexual 33
orientation, keeping in mind the medical dictum to first, do no harm." 34
"The potential risks of reparative therapy are great, including depression, anxiety and 35
self-destructive behavior, since therapist alignment with societal prejudices against 36

General Assembly Of North Carolina Session 2025
Page 2 Senate Bill 382-First Edition
homosexuality may reinforce self-hatred already experienced by the patient. Many patients who 1
have undergone reparative therapy relate that they were inaccurately told that homosexuals are 2
lonely, unhappy individuals who never achieve acceptance or satisfaction. The possibility that 3
the person might achieve happiness and satisfying interpersonal relationships as a gay man or 4
lesbian is not presented, nor are alternative approaches to dealing with the effects of societal 5
stigmatization discussed." 6
"Therefore, the American Psychiatric Association opposes any psychiatric treatment such as 7
reparative or conversion therapy which is based upon the assumption that homosexuality per se 8
is a mental disorder or based upon the a priori assumption that a patient should change his or her 9
sexual homosexual orientation."; and 10
Whereas, in 2013, the American Psychiatric Association expanded on that position, 11
stating: "The American Psychiatric Association does not believe that same-sex orientation should 12
or needs to be changed, and efforts to do so represent a significant risk of harm by subjecting 13
individuals to forms of treatment which have not been scientifically validated and by 14
undermining self-esteem when sexual orientation fails to change. No credible evidence exists 15
that any mental health intervention can reliably and safely change sexual orientation; nor, from 16
a mental health perspective does sexual orientation need to be changed."; and 17
Whereas, in 1993, the American Academy of Pediatrics published an article in its 18
journal, Pediatrics, stating: "Therapy directed at specifically chang