NARTH Amicus Brief - Mass DOMA Cases

Case: 10-2204 Document: 00116163624 Page: 1 Date Filed: 01/27/2011 Entry ID: 5521990
Case Nos. 10-2204, 10-2207 and 10-2214

I THE UITED STATES COURT OF APPEALS
FOR THE FIRST CIRCUIT
COMMONWEALTH OF MASSACHUSETTS,
Plaintiff-Appellee,
v.
UNITED STATES DEPARTMENT OF
HEALTH AND HUMAN SERVICES, et al.,
Defendants-Appellants.
DEAN HARA,
Plaintiff-Appellee/Cross-Appellant,
NANCY GILL, et al.,
Plaintiffs-Appellees,
KEITH TONEY; ALBERT TONEY, III,
Plaintiffs,
v.
OFFICE OF PERSONNEL MANAGEMENT, et al.,
Defendants-Appellants/Cross-Appellees,
HILARY RODHAM CLINTON,
in her official capacity as United States Secretary of State,
Defendant.
Appeals from the United States District Court for the District of Massachusetts
Civil Action Nos. 1:09-cv-11156-JLT, 1:09-cv-10309-JLT
(Honorable Joseph L. Tauro)
BRIEF OF AMICUS CURIAE, ATIOAL ASSOCIATIO FOR

RESEARCH & THERAPY OF HOMOSEXUALITY (ARTH),
I SUPPORT OF DEFEDATS-APPELLATS
AD I SUPPORT OF REVERSAL
UNITED STATES JUSTICE FOUNDATION
GARY G. KREEP
932 "D" Street, Suite 2
Ramona, California 92065
Tel: (760) 788-6624
Fax: (760) 788-6414
i
CORPORATE DISCLOSURE STATEMET
Pursuant to Federal Rule of Appellate Procedure 26.1, the undersigned states
that the amicus is not a corporation that issues stock or has a parent corporation
that issues stock.
Dated: January 25, 2011.
___/s/_______________________________
GARY G. KREEP (SBN 066482)
UNITED STATES JUSTICE FOUNDATION
Counsel for the Amicus NARTH
ii
Table of Contents
Table of Authorities ..................................................................................................iv
Interest of the Amicus................................................................................................. 1
ARGUMENT ............................................................................................................. 2
I. Research and reports from a century of experience suggest some people can
and do experience changes in sexual orientation. ........................................... 3
A. Historical research points to a real possibility of change in sexual

orientation. ....................................................................................................... 5
B. Recent studies support the idea that individuals can experience change in
orientation. ..................................................................................................... 13
C. Meta-analyses provide further evidence that change is possible. ................. 15
D. Anecdotal reports and experiences of individuals seeking religious

assistance also indicate the possibility of change.......................................... 16
E. There are inevitable limitations in the existing research data, but the studies
cited here provide important evidence to rebut the claim of immutability. .. 20
CONCLUSION ........................................................................................................ 23
iii
Table of Authorities
Cases
Frontiero v. Richardson, 411 U.S. 677, 686 (1973) ..................................................3

Lyng v. Castillo, 477 U.S. 635, 638 (1986) ...............................................................3
Perry v. Schwarzenegger, 704 F. Supp. 2d 921 (*.D. Cal. 2010) ............................2
Other Authorities
A. COMISKEY, PURSUING SEXUAL WHOLENESS (1988) ............................................17

A. Ellis, The effectiveness of psychotherapy with individuals who have severe
homosexual problems 20 J. OF CONSULTING PSYCHOLOGY 191, 192-194 (1956) ..9
A. GOLDBERG, LIGHT IN THE CLOSET: TORAH, HOMOSEXUALITY AND THE POWER TO
CHANGE (2008) .....................................................................................................17
A. P. BELL, M.S. WEINBERG, S.A. HAMMERSMITH, SEXUAL PREFERENCE (1981).....4
A. VON SCHRENCK-NOTZING THE THERAPY OF SUGGESTION FOR PATHOLOGICAL
APPEARANCES OF THE SEX DRIVE (1892) .................................................................7
American Psychological Association, Ethical Principles of Psychology and Code
of Conduct 57 AMERICAN PSYCHOLOGIST 1060 (2002)..........................................2
Anna Freud, Studies in Passivity: Part 1 *otes on Homosexuality in THE WRITINGS
OF ANNA FREUD, volume 4, 251 (1968)..................................................................9
B. DAVIES & L. RENTZEL, COMING OUT OF HOMOSEXUALITY: NEW FREEDOM FOR
MEN AND WOMEN (1993)......................................................................................17
C. Allen, On the Cure of Homosexuality II 5 INT’L. J. SEXOLOGY 139 (1952) .........9
C. BERG & C. ALLEN THE PROBLEM OF HOMOSEXUALITY (1958) .............................9
C.M. Ponticelli, Crafting Stories of Identity Reconstruction 62 SOCIAL
PSYCHOLOGY Q. 157 (1999) .................................................................................18
C.M. Ponticelli, The Spiritual Warfare of Exodus: A Post Positivist Research
Adventure 2 QUALITATIVE INQUIRY 198 (1996) ...................................................18
CHARLES W. SOCARIDES, HOMOSEXUALITY: PSYCHOANALYTIC THERAPY 406
(1978) ....................................................................................................................11
D. CAPPON, TOWARD AN UNDERSTANDING OF HOMOSEXUALITY (1965) .................10
E. BERGLER, HOMOSEXUALITY: DISEASE OR WAY OF LIFE? (1956). ...........................8
iv
E. Karten, Sexual Reorientation Efforts in Dissatisfied Same-Sex Attracted Men:

What Does It Take to Change, unpublished doctoral dissertation, Fordham
University, New York (2006) ...............................................................................13
E. Mintz, Overt Male Homosexuals in Combined Group and Individual Treatment
30 J. CONSULTING PSYCHOLOGY 193 (1966) ................................................. 11, 12
E.C. James, Treatment of Homosexuality: A Reanalysis and Synthesis of Outcome
Studies, unpublished doctoral dissertation, Brigham Young University, Provo,
Utah (1978) ...........................................................................................................16
E.M. Pattison & M.L. Pattison, “Ex Gays”: Religiously Mediated Change in
Homosexuals 137 AM. J. PSYCHIATRY 1553 (1980) .............................................17
E.V. SIEGEL, FEMALE HOMOSEXUALITY: CHOICE WITHOUT VOLITION (1988) ........12
F. WORTHEN, STEPS OUT OF HOMOSEXUALITY (1984); J. KONRAD, YOU DON’T
HAVE TO BE GAY (1987) .......................................................................................17
F.S. CAPRIO, FEMALE HOMOSEXUALITY: A PSYCHODYNAMIC STUDY OF LESBIANISM
299 (1954) ...............................................................................................................8
F.S. Pittman & C.D. De Young, The Treatment of Homosexuals in Heterosexual
Groups 21 INT’L. J. GROUP PSYCHOTHERAPY 62 (1971) ......................................12
G. Strong, Once I Was Gay and What I Did to Change 85 SOCIAL JUSTICE REV. 75
(1994) ....................................................................................................................17
H. MacIntosh, Attitudes and Experiences of Psychoanalysis of in Analyzing
Homosexual Patients 42 J. AM. PSYCHOANALYTIC ASSOC. 1183 (1994) .............14
I. Bieber & T.B. Bieber, Male Homosexuality 24 CANADIAN J. PSYCHIATRY 409
(1979) ....................................................................................................................10
I. BIEBER, ET AL., HOMOSEXUALITY: A PSYCHOANALYTIC STUDY (1962) ...............10
I. Bieber, Sexual Deviations II: Homosexuality in COMPREHENSIVE TEXTBOOK OF
PSYCHIATRY (A.M. Freedman & H.I. Kaplan, eds., 1967)...................................10
J. Breedlove, V. Plechash & D. Davis, Once Gay, Always Gay? FOCUS ON THE
FAMILY 2 (March 1994) ........................................................................................17
J. KONRAD, YOU DON’T HAVE TO BE GAY (1987).......................................17
J. Jacobi, Case of Homosexuality 154 J. ANALYTICAL PSYCHOLOGY 48 (1969) .....11
J. W. Robinson, Understanding the Meaning of Change for Married Latter-day
Saint Men with Histories of Homosexual Activity, unpublished doctoral
dissertation, Brigham Young University, Provo, Utah (1998) .............................19
J.A. Clippinger, Homosexuality Can Be Cured 20 CORRECTIVE & SOCIAL
PSYCHIATRY & J. BEHAVIORAL TECHNOLOGY, METHODS & THERAPY 15 (1974) 16
v
J.A. Hadfield, The cure of homosexuality 1 BRITISH MEDICAL J. 1323, 1324 (1958)
.................................................................................................................................9
J.C. Finny, Homosexuality Treated by Combined Psychotherapy 6 J. SOCIAL
THERAPY 27 (1960) ...............................................................................................12
J.C. Gonsiorek, R.L. Sell, & J.D. Weinrich, Definition and Measurement of Sexual
Orientation 25 (Suppl.) SUICIDE & LIFE THREATENING BEHAVIOR 40 (1995) .....20
J.F. Clarkin & K.N. Levy, The Influence of Client Variables on Psychotherapy in
BERGIN & GARFIELD’S HANDBOOK OF PSYCHOTHERAPY AND BEHAVIOR CHANGE
194 (5th edition M.J. Lambert, ed., 2004) .............................................................22
James E. Phelan, et al., What Research Shows 1 JOURNAL OF HUMAN SEXUALITY 1
(NARTH 2009) .......................................................................................................3
Joseph Nicolosi, A. Dean Byrd & Richard W. Potts, Retrospective Self-Reports of
Changes in Homosexual Orientation: A Consumer Survey of Conversion
Therapy Clients 86 PSYCHOLOGICAL REPORTS 1071 (2000) ................................14
K.W. Schaeffer, et al., Religiously Motivated Sexual Orientation Change 19 J.
PSYCHOLOGY & CHRISTIANITY 61 (2000) .............................................................18
K.W. Schaeffer, et al., Religiously Motivated Sexual Orientation Change: A
Follow-Up Study 27 J. PSYCHOLOGY & THEOLOGY 329 (1999) ...........................18
L. Birk, E. Miller & B. Cohler, Group Psychotherapy for Homosexual Men 128
ACTA PSYCHIATRICA SCANDINAVICA 1 (1970) .....................................................12
L. Birk, Group Psychotherapy for Men Who Are Homosexual 1 J. OF SEX AND
MARITAL THERAPY 29, 41 (1974) .........................................................................13
L. Birk, The Myth of Classical Homosexuality: Views of a Behavioral
Psychotherapist in HOMOSEXUAL BEHAVIOR 376 (J. Marmor, ed., 1980) ...........13
L.R. Judkins, Someone to Devour 128 ALLIANCE LIFE: A JOURNAL OF CHRISTIAN
LIFE & MISSIONS 8 (1993) ....................................................................................17
L.S. LONDON & F.S. CAPRIO, SEXUAL DEVIATIONS: A PSYCHODYNAMIC APPROACH
(1950) ......................................................................................................................9
Lisa M. Diamond & Ritch C. Savin-Williams, Explaining Diversity in the
Development of Same-Sex Sexuality Among Young Women 56 JOURNAL OF
SOCIAL ISSUES 297 (2000) ......................................................................................5
Lisa M. Diamond (2003). Was it a phase? Young women’s relinquishment of
lesbian/bisexual identities over a 5-year period 84 J. OF PERSONALITY AND
SOCIAL PSYCHOLOGY 352 (2003) ...........................................................................5
vi
Lisa M. Diamond, A new view of lesbian subtypes: Stable versus fluid identity
trajectories over an 8-year period 29 PSYCHOLOGY OF WOMEN QUARTERLY 119
(2005) ......................................................................................................................5
Lisa M. Diamond, Female bisexuality from adolescence to adulthood: Results from
a 10-year longitudinal study 44 DEVELOPMENTAL PSYCHOLOGY 5 (2008) ...........5
Lisa M. Diamond, Introduction: In search of good sexual-development pathways
for adolescent girls 12 NEW DIRECTIONS FOR CHILD AND ADOLESCENT
DEVELOPMENT 1 (2006) ..........................................................................................5
Lisa M. Diamond, Sexual Identity, Attractions, and Behavior Among Young
Sexual-Minority Women Over a 2-Year Period 36 DEVELOPMENTAL
PSYCHOLOGY 241 (2000) ........................................................................................5
Lisa M. Diamond, What we got wrong about sexual identity development:
Unexpected findings from a longitudinal study of young women in SEXUAL
ORIENTATION AND MENTAL HEALTH: EXAMINING IDENTITY AND DEVELOPMENT IN
LESBIAN, GAY, AND BISEXUAL PEOPLE 79 (A. M. Omoto & H. S. Kurtzman, eds.
2005) .......................................................................................................................5
M. Davis, Protesters Blast APA’s Position PHILADELPHIA INQUIRER, B4 (May 22,
1994) .....................................................................................................................17
M. DUBERMAN, CURES: A GAY MAN’S ODYSSEY (1991) ........................................22
M. Forstein, Overview of Ethical and Research Issues in Sexual Orientation
Therapy 177 SEXUAL CONVERSION THERAPY: ETHICAL, CLINICAL & RESEARCH
PERSPECTIVES (Shidlo et al., eds. 2001) ...............................................................22
M. Foust, Ex-Homosexuals Protest APA’s Position on Homosexuality BP NEWS
(Aug. 14, 2006) at http://www.sbcbaptistpress.org/bpnews.asp?ID=23786 ........17
M. Prince, Sexual perversions or vice? A pathological and therapeutic inquiry 25
J. OF NERVOUS & MENTAL DISEASE 237, 256 (1898) .............................................7
M. WOLKOMIR, BE NOT DECEIVED: THE SACRED AND SEXUAL STRUGGLES OF GAY
AND EX-GAY CHRISTIAN MEN (2006) ...................................................................18
M. Wolkomir, The Social Environment of Identify Making, paper presented at the
meeting of the American Sociological Association (1996) ..................................18
M.J. Lambert & B.M. Ogles, The Efficacy and Effectiveness of Psychotherapy in
139 (5th edition M.J. Lambert, ed., 2004) .............................................................21
M.L. Shidlo & M. Schroeder, Changing Sexual Orientation: A Consumer’s Report
33 PROFESSIONAL PSYCHOLOGY: RESEARCH & PRACTICE 249 (2002) .................22
vii
M.S. Schneider et al., Implementing the Resolution on Appropriate Therapeutic

Responses to Sexual Orientation: A Guide for the Perplexed 3 PROFESSIONAL
PSYCHOLOGY: RESEARCH & PRACTICE 265 (2002) ...............................................20
M.W. Ross & F. Mendelsohn, Homosexuality in College 80 AM. MED. ASSOC.
ARCHIVES OF NEUROLOGY AND PSYCHIATRY 253 (1958) .....................................12
N.E. WHITEHEAD & B.K. WHITEHEAD, MY GENES MADE ME DO IT! A SCIENTIFIC
LOOK AT SEXUAL ORIENTATION chapter 12, p. 3 (2nd ed. 2007) ...........................4
Nicholas Cummings, Former APA President Dr. *icholas Cummings Describes
His Work with SSA Clients (2007) at http://www.narth.com/docs/cummings.html
...............................................................................................................................13
P. Gorner, Analysts Drop Gay Therapy Discussion CHICAGO TRIBUNE A1
(May 18, 2000)......................................................................................................17
P. Mayerson & H. Lief, Psychotherapy of Homosexuals: A Follow-Up Study in
SEXUAL INVERSION: THE MULTIPLE ROOTS OF HOMOSEXUALITY 302 (J. Marmor
ed., 1965) ..............................................................................................................10
P.M. Miller, J.B. Bradley, R.S. Gross & G. Wood, Review of Homosexuality
Research (1960-1966) and Some Implications for Treatment 5 PSYCHOTHERAPY:
THEORY, RESEARCH & PRACTICE 3 (1968) ..........................................................12
Prominent Psychiatrist Announces *ew Study Results: “Some Gays Can Change”,
NARTH at http://www.narth.com/docs/spitzer2.html ..........................................15
R. Fine, Psychoanalytic Therapy in MALE & FEMALE HOMOSEXUALITY:
PSYCHOLOGICAL APPROACHES 81 (1987) .............................................................22
R. Mesmer, Homosexuals Who Change Lifestyles 14 J. CHRISTIAN HEALING 12
(1992) ....................................................................................................................17
R. Warczok, Correlates of Sexual Orientation in German Democratic Republic 17
ARCHIVES OF SEXUAL BEHAVIOR 179 (1988) .........................................................4
R.A. Buki, A Treatment Program for Homosexuals 25 DISEASES OF THE NERVOUS
SYSTEM 304 (1964) ...............................................................................................12
R.A. Truax & G. Tourney, Male Homosexuals in Group Therapy: A Controlled
Study 32 DISEASES OF THE NERVOUS SYSTEM 707 (1971) ....................................13
R.L. Sell, Defining and Measuring Sexual Orientation: A Review 26 ARCHIVES OF
SEXUAL BEHAVIOR 643 (1997) .............................................................................20
R.M. Goetze, Homosexuality and the Possibility of Change: A Review of 17
Published Studies, New Direction Ministries of Canada (1997) at
http://www.newdirection.ca/research/index.html .................................................16
viii
R.R. Monroe & R.G. Enelow, The Therapeutic Motivation in Male Homosexuals
14 AM. J. PSYCHOTHERAPY 474 (1960) ................................................................10
Robert L. Spitzer, Can Some Gay Men and Lesbians Change Their Sexual
Orientation? 200 Participants Reporting a Change From Homosexual to
Heterosexual Orientation 32 ARCHIVES OF SEXUAL BEHAVIOR 403 (2003) ........15
S. Coates, Homosexuality and the Rorschach Test 35 BRITISH J. MEDICAL
PSYCHOLOGY 177 (1962) ......................................................................................10
S.B. Hadden, Group Therapy for Homosexuals 5 MEDICAL ASPECTS OF HUMAN
SEXUALITY 116 (1971) ..........................................................................................12
S.B. Hadden, Treatment of Male Homosexuals in Groups 16 INT’L. J. OF GROUP
PSYCHOTHERAPY 13 (1966) ..................................................................................12
S.L. JONES & M.A. YARHOUSE, EX-GAYS? A LONGITUDINAL STUDY OF
RELIGIOUSLY MEDIATED CHANGE IN SEXUAL ORIENTATION (2007) ....................20
SCOTT L. HERSHBERGER, GUTTMAN SCALABILITY CONFIRMS THE EFFECTIVENESS OF
REPARATIVE THERAPY IN EX-GAY RESEARCH AND ITS RELATION TO
SCIENCE 137, 140 (J. DRESCHER & K. ZUCKER, EDS., 2006) ..............................15
SIGMUND FREUD, BEYOND THE PLEASURE PRINCIPLE, vol. 18 (1920). .......................7
T. ERZEN, STRAIGHT TO JESUS: SEXUAL AND CHRISTIAN CONVERSIONS IN THE EX-
GAY MOVEMENT (2006)........................................................................................18
T.B. Bieber, Group Therapy with Homosexuals in COMPREHENSIVE GROUP
PSYCHOTHERAPY (H.I. Kaplan & B.J. Sadock 1971) ...........................................12
W. AARON, STRAIGHT: A HETEROSEXUAL TALKS ABOUT HIS HOMOSEXUAL PAST
(1972) ....................................................................................................................17
W. Consiglio, Homosexual *o More: Ministry and Therapy for the Recovering
Homosexual 20 SOCIAL WORK & CHRISTIANITY: AN INT’L. J. 46 (1993) ............18
W. Stekel, Is homosexuality curable? 17 PSYCHOANALYTIC REVIEW 443 (1930). ...7
W.R. Horstman, Homosexuality and psychopathology: A study of the MMPI
responses of homosexual and heterosexual male college students (Unpublished
doctoral dissertation, University of Oregon, Eugene 1972) ...................................6
ix
Interest of the Amicus
The National Association for the Research and Therapy of Homosexuality is
a professional, scientific, organization that offers hope to those who struggle with
unwanted homosexuality. As an organization, amicus disseminates educational
information, conducts and collects scientific research, promotes effective
therapeutic treatment, and provides referrals to those who seek its assistance.
The president of amicus, Dr. Julie Hamilton, has explained: “NARTH's
leaders value and esteem both those who have embraced homosexual identities as
well as those who seek change of orientation or identity. Many NARTH members
originally became involved with NARTH because they had clients who needed
help, and they had compassion and a desire to assist those clients in meeting their
goals, even if doing so would bring criticism from others. Some became involved
with NARTH because of their own personal experience with homosexuality, and
others became involved out of love for their family members who struggled with
issues of gender and sexual orientation. Other members simply feel a scientific and
ethical responsibility to present what science can and cannot say about
homosexuality as well as to foster psychological care consistent with the best
outcomes for those who seek it. Such care should be extended to all individuals,
regardless of their sexual orientation. In the spirit of diversity and anchored to the
1
ethical principles of client self-determination and client autonomy1, NARTH
members are committed to providing scientifically grounded psychological care
rendered in the context of compassion.”
Amicus has obtained consent to file this brief from Defendant-Appellant
United States Department of Health and Human Services and from Plaintiff-
Appealee Commonwealth of Massachusetts.
No party’s counsel authored the brief in whole or in part; no party or party’s
counsel contributed money that was intended to fund preparing or submitting the
brief; and no person - other than the amicus curiae, its members, or its counsel –
contributed money that was intended to fund preparing or submitting the brief.
Amicus seeks to provide information to this Court bearing on its decision of
whether to endorse a legal declaration that the Defense of Marriage Act violates
the Tenth Amendment.
ARGUMET
Amicus filed a similar brief in the case of Perry v. Schwarzenegger, 704 F.
Supp. 2d 921 (N.D. Cal., 2010), and Amicus believes the following will be
instructive to this court in deciding this matter as Perry was a case that challenged
1
See American Psychological Association, Ethical Principles of Psychology and
Code of Conduct 57 AMERICAN PSYCHOLOGIST 1060 (2002), Principle E
(“psychologists respect the dignity and worth of all people, and the rights of
individuals to privacy, confidentiality, and self-determination”).
2
the definition of marriage as codified in the California Constitution which read,
"Only marriage between a man and a woman is valid or recognized in California."
In like manner, this case was brought as a challenge to the definition of marriage as
found in DOMA. In the Perry decision, the court issued a finding of fact meant to
establish the idea that sexual orientation is immutable. See Frontiero v.
Richardson, 411 U.S. 677, 686 (1973); Lyng v. Castillo, 477 U.S. 635, 638 (1986)
(using the term “immutable” in describing factors for invoking heightened
scrutiny).
Amicus respectfully suggests that that finding constituted plain error, as it
ignored research and reports in the relevant literature. This research is collected in
a treatise published by amicus. James E. Phelan, et al., What Research Shows 1
JOURNAL OF HUMAN SEXUALITY 1 (NARTH 2009). Its key findings relevant to the
question of immutability will be summarized in this brief. The full treatise can be
consulted for further information about the studies and reports described here.
I.
Research and reports from a century of experience suggest some people can
and do experience changes in sexual orientation.
In discussion regarding same-sex marriage, it is often suggested that sexual
orientation is an immutable trait. This suggestion is not supported by the evidence.
There is some evidence that change in sexual orientation can occur without
specific intervention, or spontaneously. A 2007 literature review found evidence of
3
sexual fluidity: “A summary of these studies . . . is that about half of those with
exclusive SSA [same-sex attraction] were once bisexual or even heterosexual. And
about the same number changed from being exclusively SSA to bisexual or even
heterosexual”2 An earlier study reported that approximately 2 percent of the
heterosexual population they surveyed had reported having been exclusively
homosexual at an earlier time.3 The study also found that those who report
themselves as homosexuals showed variety in their sexual experiences when
measured on a continuum: 65 percent of homosexual men and 84 percent of
homosexual women reported having had heterosexual intercourse.4 This is
consistent with other studies.5 One study reported that seeing an attractive woman
“intensively” excited 13 percent of a sample of homosexual men.6 The author of
another study reported that as many as half of the lesbians whom she knew had
reportedly been heterosexual until middle age.7 In the last decade Dr. Lisa
Diamond reported significant longitudinal data that clearly shows the fluidity of
2
N.E. WHITEHEAD & B.K. WHITEHEAD, MY GENES MADE ME DO IT! A SCIENTIFIC
LOOK AT SEXUAL ORIENTATION, chapter 12, p. 3 (2nd ed. 2007) at
http://www.mygenes.co.nz.
3
A. P. BELL, M.S. WEINBERG, S.A. HAMMERSMITH, SEXUAL PREFERENCE (1981).
4
Id.
5
R. Warczok, Correlates of Sexual Orientation in German Democratic Republic
17 ARCHIVES OF SEXUAL BEHAVIOR 179 (1988) (citing Paczensky and Dannecker
& Reiche).
6
Id. at 181.
7
WHITEHEAD & WHITEHEAD (citing Tanner).
4
the sexual orientation of women.8 Dr. Diamond’s research suggests an increasing
number of women insist that their self-identity as lesbians is in fact a personal choice,
rather than a biological constraint.9 One study notes that “variability in the emergence
and expression of female same-sex desire during the life course is normative rather than
exceptional.”10 Also, “[c]ontrary to the notion that most sexual minorities undergo a one-
time discovery of their true identities, 50% of the respondents had changed their identity
label more than once since first relinquishing their heterosexual identity.”11 In another
study, the author notes that “[h]alf of the young women in this sample relinquished the
first sexual-minority identity they adopted.”12
A.
8
Lisa M. Diamond (2003). Was it a phase? Young women’s relinquishment of
lesbian/bisexual identities over a 5-year period 84 J. OF PERSONALITY AND SOCIAL
PSYCHOLOGY 352 (2003); Lisa M. Diamond, What we got wrong about sexual
identity development: Unexpected findings from a longitudinal study of young
women in SEXUAL ORIENTATION AND MENTAL HEALTH: EXAMINING IDENTITY AND
DEVELOPMENT IN LESBIAN, GAY, AND BISEXUAL PEOPLE 79 (A. M. Omoto & H. S.
Kurtzman, eds. 2005); Lisa M. Diamond, A new view of lesbian subtypes: Stable
versus fluid identity trajectories over an 8-year period 29 PSYCHOLOGY OF WOMEN
QUARTERLY 119 (2005); Lisa M. Diamond, Introduction: In search of good
sexual-development pathways for adolescent girls 12 NEW DIRECTIONS FOR CHILD
AND ADOLESCENT DEVELOPMENT 1 (2006); Lisa M. Diamond, Female bisexuality
from adolescence to adulthood: Results from a 10-year longitudinal study 44
DEVELOPMENTAL PSYCHOLOGY 5 (2008).
9
Lisa M. Diamond & Ritch C. Savin-Williams, Explaining Diversity in the
Development of Same-Sex Sexuality Among Young Women 56 JOURNAL OF SOCIAL
ISSUES 297 (2000); Lisa M. Diamond, Sexual Identity, Attractions, and Behavior
Among Young Sexual-Minority Women Over a 2-Year Period 36 DEVELOPMENTAL
PSYCHOLOGY 241 (2000).
10
Diamond & Savin-Williams at 298.
11
Id. at 301.
12
Diamond at 247 (2000).
5
Historical research points to a real possibility of change in sexual

orientation.
While no published study has sought a random population from which to
assess treatment success rates for clients seeking to change their unwanted
homosexuality and develop their heterosexual potential, such treatment has been
widely documented in the literature since the late 19th century. Clinicians and
researchers who have used or investigated a variety of reorientation approaches
have reported positive outcomes.
The 2009 article by James Phelan referenced above provides an exhaustive
catalogue of the relevant historical research in this area. We briefly refer to the
leading historical studies below in chronological order.
Late-Nineteenth Century
In 1882, Charcot published a paper titled Inversion of the Genital Sense.
Already famous for his treatment of hysterics through hypnotic induction, Charcot
applied the same type of therapy to homosexual men. He reported success because
“the homosexual became heterosexual.”13
13
W.R. Horstman, Homosexuality and psychopathology: A study of the MMPI
responses of homosexual and heterosexual male college students (Unpublished
doctoral dissertation, University of Oregon, Eugene 1972), p. 5.
6
In 1892, Albert von Schrenck-Notzing reported success in treating twenty
patients who had homosexual desires, behaviors, or both.14 Of the 32 cases on
which he reported (some did not involve same-sex attractions), 12 (37.5 percent)
were classified as “cured.”15 The term cured meant that patients were completely
able to “combat fixed ideas [about homosexuality], deepen a sense of duty, self-
control, and right-mindedness.”16
1930s
Though Sigmund Freud did not condemn homosexuality outright and
thought change in orientation not always necessary, he reported that such was
possible with strong motivation.17 Some who have used psychoanalysis in
treatment subsequently reported cases of change. Wilhelm Stekel reported four
cases of clients who later happily married.18
1950s
Frank Caprio reported that “many patients of mine, who were former
lesbians, have communicated long after treatment was terminated . . . that they are
14
A. VON SCHRENCK-NOTZING THE THERAPY OF SUGGESTION FOR PATHOLOGICAL
APPEARANCES OF THE SEX DRIVE (1892).
15
M. Prince, Sexual perversions or vice? A pathological and therapeutic inquiry
25 J. OF NERVOUS & MENTAL DISEASE 237, 256 (1898).
16
Id at 255.
17
SIGMUND FREUD, BEYOND THE PLEASURE PRINCIPLE, vol. 18 (1920).
18
W. Stekel, Is homosexuality curable? 17 PSYCHOANALYTIC REVIEW 443 (1930).
7
convinced they will never return to a homosexual way of life.”19 Edmund Bergler
reported that in his 30 years of practice, he had successfully used psychoanalysis to
help approximately 100 homosexuals change their orientation, and that a real shift
toward genuine heterosexuality had indeed occurred, reflecting a 33 percent
success rate with success understood as the patients being able to function as
heterosexuals, whereas before treatment they were exclusively homosexual.20
Ludwig Eidelberg reported that two out of five cases that he had been involved
with were still successfully functioning as heterosexuals three years after
treatment. Albert Ellis concluded that those who engaged in psychoanalytically
oriented psychotherapy could be “distinctly helped to achieve a satisfactory
heterosexual orientation” if they sought such change. In a sample of 40 individual
cases, Ellis concluded that 18 men and 12 women had outcomes of either “distinct
or considerable improvement.” This meant that they began to lose their fears of the
other sex, to enjoy effective heterosexual relations, and to lose their obsessive
thoughts about, or compulsive, homosexual activity. Not all patients were
identified as exclusively homosexual prior to treatment. Six of the men and 6 of the
19
F.S. CAPRIO, FEMALE HOMOSEXUALITY: A PSYCHODYNAMIC STUDY OF
LESBIANISM 299 (1954) .
20
E. BERGLER, HOMOSEXUALITY: DISEASE OR WAY OF LIFE? (1956).
8
women had moderate or considerable heterosexual activity prior to treatment,
whereas the rest had little or none.21
There are many other examples. Clifford Allen described 14 people who he
considered “cured” of homosexuality as indicated by reports ranging from
complete attraction change to an increase in opposite-sex attraction though
accompanied by some same-sex attractions.22 J.A. Hadfield, described nine men
who changed their attractions and followed up with four who said they “were
completely cured . . . with no further episodes.”23 Anna Freud also reported four
cases in which homosexual clients “became heterosexual” as a result of
treatment.24 Others reported small numbers of clients who experienced change.25
1960s
R. Monroe and R. Enelow reported treating seven men over a period ranging
from three to 18 months with follow-up five years later and said three of the seven
21
A. Ellis, The effectiveness of psychotherapy with individuals who have severe
homosexual problems 20 J. OF CONSULTING PSYCHOLOGY 191, 192-194 (1956).
22
C. BERG & C. ALLEN THE PROBLEM OF HOMOSEXUALITY (1958).
23
J.A. Hadfield, The cure of homosexuality 1 BRITISH MEDICAL J. 1323, 1324
(1958).
24
Anna Freud, Studies in Passivity: Part 1 *otes on Homosexuality in THE
WRITINGS OF ANNA FREUD, volume 4, 251 (1968).
25
L.S. LONDON & F.S. CAPRIO, SEXUAL DEVIATIONS: A PSYCHODYNAMIC
APPROACH (1950); C. Allen, On the Cure of Homosexuality II 5 INT’L. J.
SEXOLOGY 139 (1952).
9
successfully changed.26 Irving Bieber and colleagues conducted research on two
samples of 106 individuals and reported that after treatment 29 (27 percent)
became exclusively heterosexual.27 Of the 15 who maintained contact five years
later, all remained heterosexual.28 In 1979, Dr. Bieber reported that since the
original study, experience with more than 1,000 homosexual men supported the
original findings and that even 20 years later, an unspecified number of patients
were exclusively heterosexual.29 S. Coates described 45 homosexual patients and
found seven (16 percent) reported no active homosexual behaviors.30 Daniel
Cappon described his clinical work with 150 patients and reported a 50 percent
change rate for men and 30 percent rate for women.31 Peter Mayerson and Harold
Lief studied 14 men and five women who had sought treatment related to
homosexual problems and found that, after treatment, 47 percent identified
themselves as exclusively heterosexual.32 Elizabeth Mintz reported three of ten
26
R.R. Monroe & R.G. Enelow, The Therapeutic Motivation in Male Homosexuals
14 AM. J. PSYCHOTHERAPY 474 (1960).
27
I. BIEBER, ET AL., HOMOSEXUALITY: A PSYCHOANALYTIC STUDY (1962).
28
I. Bieber, Sexual Deviations II: Homosexuality in COMPREHENSIVE TEXTBOOK OF
PSYCHIATRY (A.M. Freedman & H.I. Kaplan, eds., 1967).
29
I. Bieber & T.B. Bieber, Male Homosexuality 24 CANADIAN J. PSYCHIATRY 409
(1979).
30
S. Coates, Homosexuality and the Rorschach Test 35 BRITISH J. MEDICAL
PSYCHOLOGY 177 (1962).
31
D. CAPPON, TOWARD AN UNDERSTANDING OF HOMOSEXUALITY (1965).
32
P. Mayerson & H. Lief, Psychotherapy of Homosexuals: A Follow-Up Study in
SEXUAL INVERSION: THE MULTIPLE ROOTS OF HOMOSEXUALITY 302 (J. Marmor
ed., 1965).
10
men who sought psychoanalysis who identified themselves, after treatment, as
exclusively heterosexual.33
1970s
Charles Socarides reported that, over a decade, 20 of 44 patients (45 percent)
that he treated developed full “heterosexual functioning.”34 Jolande Jacobi reported
treating 60 patients, six (10 percent) of whom made a satisfying transformation to
heterosexuality.35 An unpublished report of the Central Fact-Gathering Committee
of the American Psychoanalytic Association was one of the first surveys that
compiled results of treatment of unwanted homosexuality. Of those who completed
treatment (total number not reported), 8 were cured and 13 manifested some
change in their sexual orientations. Another 16 who did not complete treatment
also experienced some change in their sexual orientation. In the 8 reported cures,
follow-up showed that the patients had assumed full heterosexual roles and
functioning.36
1980s
33
E. Mintz, Overt Male Homosexuals in Combined Group and Individual
Treatment 30 J. CONSULTING PSYCHOLOGY 193 (1966).
34
CHARLES W. SOCARIDES, HOMOSEXUALITY: PSYCHOANALYTIC THERAPY 406
(1978).
35
J. Jacobi, Case of Homosexuality 154 J. ANALYTICAL PSYCHOLOGY 48 (1969).
36
SOCARIDES (1978).
11
In 1988, Elaine Siegel described treating 12 women and reported more than
half became “fully heterosexual.”37
A number of reports of group therapy disclose success in changing
orientation. Samuel Hadden reported a 38 percent success rate after treating 32
homosexuals in group therapy.38 Lee Birk, Elizabeth Miller and Bertram Cohler
reported a similar success rate39, as did at least two other reports.40 There are other
reports of varying rates of success with group therapy.41 R.A. Truax and G.
Tourney described group treatment of 30 patients in a comparison group with 20
untreated individuals, and reported increased heterosexual orientation, decreased
37
E.V. SIEGEL, FEMALE HOMOSEXUALITY: CHOICE WITHOUT VOLITION (1988).
38
S.B. Hadden, Treatment of Male Homosexuals in Groups 16 INT’L. J. OF GROUP
PSYCHOTHERAPY 13 (1966); S.B. Hadden, Group Therapy for Homosexuals 5
MEDICAL ASPECTS OF HUMAN SEXUALITY 116 (1971).
39
L. Birk, E. Miller & B. Cohler, Group Psychotherapy for Homosexual Men 128
ACTA PSYCHIATRICA SCANDINAVICA 1 (1970).
40
T.B. Bieber, Group Therapy with Homosexuals in COMPREHENSIVE GROUP
PSYCHOTHERAPY (H.I. Kaplan & B.J. Sadock 1971); F.S. Pittman & C.D. De
Young, The Treatment of Homosexuals in Heterosexual Groups 21 INT’L. J. GROUP
PSYCHOTHERAPY 62 (1971).
41
M.W. Ross & F. Mendelsohn, Homosexuality in College 80 AM. MED. ASSOC.
ARCHIVES OF NEUROLOGY AND PSYCHIATRY 253 (1958); J.C. Finny,
Homosexuality Treated by Combined Psychotherapy 6 J. SOCIAL THERAPY 27
(1960); R.A. Buki, A Treatment Program for Homosexuals 25 DISEASES OF THE
NERVOUS SYSTEM 304 (1964); E. Mintz, Overt Male Homosexuals in Combined
Group and Individual Treatment 30 J. CONSULTING PSYCHOLOGY 193 (1966);
P.M. Miller, J.B. Bradley, R.S. Gross & G. Wood, Review of Homosexuality
Research (1960-1966) and Some Implications for Treatment 5 PSYCHOTHERAPY:
THEORY, RESEARCH & PRACTICE 3 (1968).
12
homosexual preoccupation, and changes in sexual behavior.42 Lee Birk reported
that, of 66 patients treated, 85 percent experienced “at least partial heterosexual
shifts,” while 52 percent experienced “striking, nearly complete heterosexual
shifts.”43 He later reported that 10 of 14 (71 percent) exclusively homosexual men
in treatment for more than two and a half years were married to women at follow-
up.44
B.
Recent studies support the idea that individuals can experience change
in orientation.
Elan Karten’s 2006 dissertation studied 117 men who had participated in
some type of reorientation activity, and found that meaningful sexual reorientation
had occurred.45 Nicholas Cummings, former APA president, estimates 2,400
clients of the Kaiser-Permanente Health Maintenance Organization successfully
reoriented their sexuality to heterosexuality over a 20 year period.46 A survey of
285 anonymous members of the American Psychoanalytic Association conducted
42
R.A. Truax & G. Tourney, Male Homosexuals in Group Therapy: A Controlled
Study 32 DISEASES OF THE NERVOUS SYSTEM 707 (1971).
43
L. Birk, Group Psychotherapy for Men Who Are Homosexual 1 J. OF SEX AND
MARITAL THERAPY 29, 41 (1974).
44
L. Birk, The Myth of Classical Homosexuality: Views of a Behavioral
Psychotherapist in HOMOSEXUAL BEHAVIOR 376 (J. Marmor, ed., 1980).
45
E. Karten, Sexual Reorientation Efforts in Dissatisfied Same-Sex Attracted Men:
What Does It Take to Change, unpublished doctoral dissertation, Fordham
University, New York (2006).
46
Nicholas Cummings, Former APA President Dr. *icholas Cummings Describes
His Work with SSA Clients (2007) at http://www.narth.com/docs/cummings.html.
13
by Houston MacIntosh revealed that, of 1,215 homosexual patients analyzed by
those members, 23 percent changed from homosexuality to heterosexuality and 84
percent received significant therapeutic benefits.47
More recent reports have indicated a significant possibility of change.
Joseph Nicolosi surveyed 689 men and 193 women who had participated in some
kind of change therapy and found that 34.3 percent reported a shift from a
homosexual orientation to an exclusively or almost exclusively heterosexual
orientation.48
Robert Spitzer, professor of psychiatry at Columbia University, and one of
the individuals prominently involved in changing the Diagnostic and Statistical
Manual of the American Psychiatric Association to de-list homosexuality as a
mental disorder, interviewed 143 men and 57 women who had participated in
sexual reorientation treatment and who considered their therapeutic and/or
religiously-mediated experiences successful. In a peer reviewed study, he found
their mean scores in a scale indicated a shift from the “very high homosexual
range,” before attempting reorientation, to the “very high heterosexual range,” after
having attempted reorientation. No subjects reported exclusive same-sex
47
H. MacIntosh, Attitudes and Experiences of Psychoanalysis of in Analyzing
Homosexual Patients 42 J. AM. PSYCHOANALYTIC ASSOC. 1183 (1994).
48
Joseph Nicolosi, A. Dean Byrd & Richard W. Potts, Retrospective Self-Reports
of Changes in Homosexual Orientation: A Consumer Survey of Conversion
Therapy Clients 86 PSYCHOLOGICAL REPORTS 1071 (2000).
14
attractions, and 17 percent of the men and 54 percent of the women reported
exclusive opposite-sex attraction.49 In announcing the results, Dr. Spitzer had said
“Like most psychiatrists I thought that homosexual behavior could be resisted, but
sexual orientation could not be changed. I now believe that's untrue--some people
can and do change.”50 Scott Hershberger, a distinguished scholar and statistician,
subjected Spitzer’s results to additional scrutiny and concluded that the “orderly,
law-like pattern of changes in homosexual behavior, homosexual self-
identification, and fantasy observed in Spitzer’s study is strong evidence that
reparative therapy can assist individuals in changing their homosexual orientation
to a heterosexual orientation.51
C.
Meta-analyses provide further evidence that change is possible.
A number of meta-analyses (articles that review numerous studies on a
subject and report the combined results) also disclose reports of change. J.A.
Clippinger demonstrated that of 785 homosexuals treated, 307 (40 percent) either
significantly improved in the direction of their desired goal, or had made at least
49
Robert L. Spitzer, Can Some Gay Men and Lesbians Change Their Sexual
Orientation? 200 Participants Reporting a Change From Homosexual to
Heterosexual Orientation 32 ARCHIVES OF SEXUAL BEHAVIOR 403 (2003).
50
Prominent Psychiatrist Announces *ew Study Results: “Some Gays Can
Change”, NARTH at http://www.narth.com/docs/spitzer2.html.
51
Scott L. Hershberger, Guttman Scalability Confirms the Effectiveness of
Reparative Therapy in EX-GAY RESEARCH AND ITS RELATION TO SCIENCE 137, 140
(J. Drescher & K. Zucker, eds., 2006) .
15
some shift toward heterosexuality.52 E. C. James concluded that when the results of
all research studies before 1978 were combined, approximately 35 percent of the
homosexual clients had shifted to heterosexuality, 27 percent had improved, and 37
percent had neither changed nor improved.53 Drs. Jones and Yarhouse used meta-
analysis to review 30 studies conducted between the years 1954 and 1994 and
found that of the 327 total subjects from all the studies, 108 (33 percent) were
reported to have made at least some heterosexual shift. In an analysis of 17 studies,
Rob Goetze found that a total of 44 subjects who had been exclusively or
predominately homosexual had experienced a shift toward heterosexual
adjustment.54
D.
Anecdotal reports and experiences of individuals seeking religious assistance
also indicate the possibility of change.
52
J.A. Clippinger, Homosexuality Can Be Cured 20 CORRECTIVE & SOCIAL
PSYCHIATRY & J. BEHAVIORAL TECHNOLOGY, METHODS & THERAPY 15 (1974).
53
E.C. James, Treatment of Homosexuality: A Reanalysis and Synthesis of
Outcome Studies, unpublished doctoral dissertation, Brigham Young University,
Provo, Utah (1978).
54
R.M. Goetze, Homosexuality and the Possibility of Change: A Review of 17
Published Studies, New Direction Ministries of Canada (1997) at
http://www.newdirection.ca/research/index.html.
16
In addition to these reports, a number of individuals have shared their
personal experience of change in sexual orientation.55 Others have staged protests
at professional gatherings to draw attention to their experience of change.56
An important agent of change is a religiously-mediated ministry. E.M.
Pattison and M.L. Pattison reported change for 11 individuals who participated in a
Pentecostal fellowship.57 Roger Mesmer surveyed more than 100 people
participating in a ministry of former gays and lesbians. He found that 41 percent of
them had achieved a shift toward heterosexual adaptation.58 Exodus
International—a parent Christian ministry for a coalition of more than 100
ministries and Christian counselors worldwide—offers individual, group, and
55
W. AARON, STRAIGHT: A HETEROSEXUAL TALKS ABOUT HIS HOMOSEXUAL PAST
(1972); F. WORTHEN, STEPS OUT OF HOMOSEXUALITY (1984); J. KONRAD, YOU
DON’T HAVE TO BE GAY (1987); A. COMISKEY, PURSUING SEXUAL WHOLENESS
(1988); L.R. Judkins, Someone to Devour 128 ALLIANCE LIFE: A JOURNAL OF
CHRISTIAN LIFE & MISSIONS 8 (1993); J. Breedlove, V. Plechash & D. Davis, Once
Gay, Always Gay? FOCUS ON THE FAMILY 2 (March 1994); G. Strong, Once I Was
Gay and What I Did to Change 85 SOCIAL JUSTICE REV. 75 (1994); B. DAVIES & L.
RENTZEL, COMING OUT OF HOMOSEXUALITY: NEW FREEDOM FOR MEN AND
WOMEN (1993); A. GOLDBERG, LIGHT IN THE CLOSET: TORAH, HOMOSEXUALITY
AND THE POWER TO CHANGE (2008).
56
M. Davis, Protesters Blast APA’s Position PHILADELPHIA INQUIRER, B4 (May
22, 1994); P. Gorner, Analysts Drop Gay Therapy Discussion CHICAGO TRIBUNE
A1 (May 18, 2000); M. Foust, Ex-Homosexuals Protest APA’s Position on
Homosexuality BP NEWS (Aug. 14, 2006) at
http://www.sbcbaptistpress.org/bpnews.asp?ID=23786.
57
E.M. Pattison & M.L. Pattison, “Ex Gays”: Religiously Mediated Change in
Homosexuals 137 AM. J. PSYCHIATRY 1553 (1980).
58
R. Mesmer, Homosexuals Who Change Lifestyles 14 J. CHRISTIAN HEALING 12
(1992).
17
educational therapy. It reported that 85 percent of the people that it had served
experienced sexual reorientation.59 Christy Ponticelli conducted a qualitative study
and concluded that there was more evidence for change in the women’s sexual
identities than in actual orientation from Exodus programs, as have other studies.60
In a survey of 248 men and women at an Exodus International Annual
Conference, participants rated their current sexual orientation as significantly more
heterosexual than when they were 18 years of age.61 A follow-up study of 140 of
the original participants found that 61 percent of men and 71 percent of women
had maintained abstinence from same-sex sexual contact in the last year of the
study, 29 percent of this sample indicated that they had changed their sexual
orientation to exclusively heterosexual, and 65 percent reported that they were still
in the process of change.62 Jeff Robinson interviewed seven men participating in
Evergreen International, a Latter-day Saint (LDS) program for people seeking to
59
W. Consiglio, Homosexual *o More: Ministry and Therapy for the Recovering
Homosexual 20 SOCIAL WORK & CHRISTIANITY: AN INT’L. J. 46 (1993).
60
C.M. Ponticelli, Crafting Stories of Identity Reconstruction 62 SOCIAL
PSYCHOLOGY Q. 157 (1999); C.M. Ponticelli, The Spiritual Warfare of Exodus: A
Post Positivist Research Adventure 2 QUALITATIVE INQUIRY 198 (1996); M.
Wolkomir, The Social Environment of Identify Making, paper presented at the
meeting of the American Sociological Association (1996); M. WOLKOMIR, BE NOT
DECEIVED: THE SACRED AND SEXUAL STRUGGLES OF GAY AND EX-GAY CHRISTIAN
MEN (2006); T. ERZEN, STRAIGHT TO JESUS: SEXUAL AND CHRISTIAN CONVERSIONS
IN THE EX-GAY MOVEMENT (2006).
61
K.W. Schaeffer, et al., Religiously Motivated Sexual Orientation Change 19 J.
PSYCHOLOGY & CHRISTIANITY 61 (2000).
62
K.W. Schaeffer, et al., Religiously Motivated Sexual Orientation Change: A
Follow-Up Study 27 J. PSYCHOLOGY & THEOLOGY 329 (1999).
18
change their homosexual orientation, and found positive change” in all the
subjects—all married men who sought to maintain their marriages.63
Eighty-six male participants in a “Journey into Manhood” retreat sponsored
by an organization called People Can Change reported their feelings before and
after the event. The post-retreat report indicated a six percent increase in the men
who reported sexual feelings as “exclusively heterosexual, with no homosexual
interest at all,” and a 13 percent increase in men who reported feelings that were
“primarily heterosexual, but with some slight homosexual feelings or interests.”
There was also a 4 percent decrease in the number of men who described
themselves before the weekend as exclusively homosexual with no heterosexual
feelings or interests, but who shifted to another category, describing themselves as
having at least slight heterosexual feelings or interests after the retreat.
Stanton Jones and Mark Yarhouse reported on a study of 77 men and women
who had sought help through Exodus International and found that 15 percent
reported “considerable resolution of homosexual orientation issues and substantial
conversion to heterosexual attraction,” and 23 percent reported that “homosexual
attraction is either missing or present only incidentally and in a way that does not
seem to bring about distress.” The group of participants that Drs. Jones and
63
J. W. Robinson, Understanding the Meaning of Change for Married Latter-day
Saint Men with Histories of Homosexual Activity, unpublished doctoral
dissertation, Brigham Young University, Provo, Utah (1998).
19
Yarhouse predicted least likely to change, those classified as “truly gay,” actually
changed the most.64
E.
There are inevitable limitations in the existing research data but the
studies cited here provide important evidence to rebut the claim of
immutability.
Amicus acknowledge unavoidable limitations in the body of scientific
literature described in this brief. The first set of limitations is definitional. The
second set is methodological. Although they do indicate a need for caution and
further study, the limitations do not extinguish the probative value of the research.
The primary definitional limitation is the lack of precision in the concept of
sexual orientation. Indeed, this concept is generally not clearly defined or
understood.65 It is characterized by a number of factors such as self-identification,
thoughts, feelings, and behavior.66 Thus, a person’s self-identified orientation may
be at odds with other factors, such as that person’s feelings or behavior. The best
way to understand sexual orientation is to think of it as a continuum rather than a
discrete category.
64
S.L. JONES & M.A. YARHOUSE, EX-GAYS? A LONGITUDINAL STUDY OF
RELIGIOUSLY MEDIATED CHANGE IN SEXUAL ORIENTATION (2007).
65
J.C. Gonsiorek, R.L. Sell, & J.D. Weinrich, Definition and Measurement of
Sexual Orientation 25 (Suppl.) SUICIDE & LIFE THREATENING BEHAVIOR 40
(1995); R.L. Sell, Defining and Measuring Sexual Orientation: A Review 26
ARCHIVES OF SEXUAL BEHAVIOR 643 (1997).
66
M.S. Schneider et al., Implementing the Resolution on Appropriate Therapeutic
Responses to Sexual Orientation: A Guide for the Perplexed 3 PROFESSIONAL
PSYCHOLOGY: RESEARCH & PRACTICE 265 (2002).
20
The second differential challenge is the meaning of “change,” as it relates to
orientation. Successful change has typically been defined as a decrease in same-sex
sexual attractions and a shift toward opposite-sex sexual attractions. Measuring this
change is made difficult by the reality that people who seem to have experienced
some kind of change may later also experience continued feelings of attraction or
behavior that are at odds with their self-identification. This challenge is possible in
many course of therapy.67 The difficulty of defining sexual orientation, of course,
will complicate this problem, so that an individual might report that they have
experienced change in one factor, like behavior, but be questioned by a critic if
they still occasionally experience homosexual feelings. In the absence of more
objective measures, self-reporting by clients may be an unavoidable benchmark.
Though these reports will be subjective, they still provide a practical way to
measure the possible changes in orientation. Additionally, the belief among many
researchers and theorists that sexuality is fluid could affect the reported outcomes
of studies. An important final note is that most of the reports and research collected
over a century and more have involved men.
The methodological shortcomings of the research described in this brief are
common to many clinical reports and scientific studies. The most common
67
M.J. Lambert & B.M. Ogles, The Efficacy and Effectiveness of Psychotherapy in
139 (5th edition M.J. Lambert, ed., 2004).
21
challenge will be self-reported data; nonrandom samples; retrospective reporting;
and the absence of control groups, robust measurements, longitudinal research, and
replicable designs. The older research and reports, while acceptable by the clinical
and research standards of the day, have limitations when compared to current
standards of research. Despite the limitations, however, amicus believe a fair
consideration of all the literature provides consistent and compelling evidence that
some individuals can change sexual identity, as well as affective, cognitive, and
behavioral components of their sexual orientation.
Some have claimed that therapy to assist in sexual orientation change can be
harmful.68 No existing studies document that the therapies are, in fact, harmful.69
Amicus acknowledges that change in sexual orientation may be difficult to
attain. As with any psychological treatment, the client’s motivation and
determination to comply with treatment predicts the greatest positive response in
most cases.70 As with other deeply ingrained psychological conditions and
68
M. DUBERMAN, CURES: A GAY MAN’S ODYSSEY (1991); SEXUAL CONVERSION
THERAPY: ETHICAL, CLINICAL & RESEARCH PERSPECTIVES (Shidlo et al., eds.
2001); M.L. Shidlo & M. Schroeder, Changing Sexual Orientation: A Consumer’s
Report 33 PROFESSIONAL PSYCHOLOGY: RESEARCH & PRACTICE 249 (2002).
69
M. Forstein, Overview of Ethical and Research Issues in Sexual Orientation
Therapy 177 SEXUAL CONVERSION THERAPY: ETHICAL, CLINICAL & RESEARCH
PERSPECTIVES (Shidlo et al., eds. 2001).
70
R. Fine, Psychoanalytic Therapy in MALE & FEMALE HOMOSEXUALITY:
PSYCHOLOGICAL APPROACHES 81 (1987); J.F. Clarkin & K.N. Levy, The Influence
of Client Variables on Psychotherapy in BERGIN & GARFIELD’S HANDBOOK OF
22
behavioral patterns, change through therapy does not come easily, and there is a
substantial therapeutic failure rate, as well as a need for ongoing maintenance of
any success that is attained. Reverting to old forms of thinking and behaving are,
as is the case with most forms of psychotherapy for most psychological conditions,
fairly common. But even when clients have failed to change sexual orientation,
other benefits commonly have resulted from their attempts.
COCLUSIO
For the foregoing reasons, amicus curiae respectfully requests that this
Honorable Court uphold the constitutionality of the Defense of Marriage Act and
reverse the judgment of the district court.
Respectfully submitted: January 25, 2011.
__/s/_________________________
Gary G. Kreep
United States Justice Foundation
Attorney for Amicus NARTH
PSYCHOTHERAPY AND BEHAVIOR CHANGE 194 (5th edition M.J. Lambert, ed.,
2004).
23
Certificate of Compliance with Rule 32(a)
This brief complies with the type-volume limitations of Fed. R. App. P.
32(a)(7)(B) because it contains 5,495 words, excluding the parts of the brief
exempted by Fed. R. App. P. 32(a)(7)(B)(iii).
This brief complies with the typeface requirements of Fed. R. App. P.
32(a)(5) and type style requirements of Fed. R. App. P. 32(a)(6) because this brief
has been prepared in a proportionately spaced typeface using Microsoft Word 2007
in 14-point Times New Roman font.
__/s/____________________
Gary G. Kreep
Counsel for the Amicus NARTH
24
Certificate of Service
I hereby certify that I electronically filed the foregoing with the Clerk of the
Court for the United States Court of Appeals for the Ninth Circuit by using the
appellate CM/ECF system on January 25, 2011.
I certify that all participants in the case are registered CM/ECF users and
that service will be accomplished by the appellate CM/ECF system.
_/s/_____________________
Gary G. Kreep
Counsel for the Amicus
December 17, 2010
25

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Case: 10-2204 Document: 00116163624 Page: 1 Date Filed: 01/27/2011 Entry ID: 5521990

Case Nos. 10-2204, 10-2207 and 10-2214

BRIEF OF AMICUS CURIAE, ATIOAL ASSOCIATIO FOR

CORPORATE DISCLOSURE STATEMET

Pursuant to Federal Rule of Appellate Procedure 26.1, the undersigned states

that issues stock.

Dated: January 25, 2011.

Table of Authorities ..................................................................................................iv

Interest of the Amicus................................................................................................. 1

A. Historical research points to a real possibility of change in sexual

C. Meta-analyses provide further evidence that change is possible. ................. 15

D. Anecdotal reports and experiences of individuals seeking religious

Frontiero v. Richardson, 411 U.S. 677, 686 (1973) ..................................................3

A. COMISKEY, PURSUING SEXUAL WHOLENESS (1988) ............................................17

E. Karten, Sexual Reorientation Efforts in Dissatisfied Same-Sex Attracted Men:

M.S. Schneider et al., Implementing the Resolution on Appropriate Therapeutic

Interest of the Amicus

The National Association for the Research and Therapy of Homosexuality is

unwanted homosexuality. As an organization, amicus disseminates educational

information, conducts and collects scientific research, promotes effective

The president of amicus, Dr. Julie Hamilton, has explained: “NARTH's

homosexuality as well as to foster psychological care consistent with the best

ethical principles of client self-determination and client autonomy1, NARTH

members are committed to providing scientifically grounded psychological care

rendered in the context of compassion.”

Amicus has obtained consent to file this brief from Defendant-Appellant

Appealee Commonwealth of Massachusetts.

No party’s counsel authored the brief in whole or in part; no party or party’s

Amicus seeks to provide information to this Court bearing on its decision of

the Tenth Amendment.

Amicus filed a similar brief in the case of Perry v. Schwarzenegger, 704 F.

the definition of marriage as codified in the California Constitution which read,

"Only marriage between a man and a woman is valid or recognized in California."

establish the idea that sexual orientation is immutable. See Frontiero v.

(using the term “immutable” in describing factors for invoking heightened

Amicus respectfully suggests that that finding constituted plain error, as it

a treatise published by amicus. James E. Phelan, et al., What Research Shows 1

In discussion regarding same-sex marriage, it is often suggested that sexual

orientation is an immutable trait. This suggestion is not supported by the evidence.

specific intervention, or spontaneously. A 2007 literature review found evidence of

heterosexual”2 An earlier study reported that approximately 2 percent of the

heterosexual population they surveyed had reported having been exclusively

themselves as homosexuals showed variety in their sexual experiences when

measured on a continuum: 65 percent of homosexual men and 84 percent of

homosexual women reported having had heterosexual intercourse.4 This is

“intensively” excited 13 percent of a sample of homosexual men.6 The author of

the sexual orientation of women.8 Dr. Diamond’s research suggests an increasing

first sexual-minority identity they adopted.”12

Historical research points to a real possibility of change in sexual

While no published study has sought a random population from which to

researchers who have used or investigated a variety of reorientation approaches

have reported positive outcomes.

The 2009 article by James Phelan referenced above provides an exhaustive

leading historical studies below in chronological order.

In 1882, Charcot published a paper titled Inversion of the Genital Sense.

“the homosexual became heterosexual.”13

In 1892, Albert von Schrenck-Notzing reported success in treating twenty

patients who had homosexual desires, behaviors, or both.14 Of the 32 cases on

control, and right-mindedness.”16

Though Sigmund Freud did not condemn homosexuality outright and