Covering_ The Hidden Assault on American Civil Rights - Kenji Yoshino [100]
52 A 1952 congressional enactment “Aliens afflicted with psychopathic personality, epilepsy, or a mental defect.” § 212(4) of the Immigration and Nationality Act of 1952, United States Code 8 (1958), § 1182(a)(4). See Boutilier v. INS, 387 U.S. 118, 120–23 (1967).
53 When the APA depathologized William N. Eskridge Jr., Gaylaw: Challenging the Apartheid of the Closet (Cambridge: Harvard University Press, 1999), p. 133.
54 Not until 1990 Ibid., p. 70, citing Immigration and Nationality Act, Pub. L. No. 82–414, 212(a)(4), 66 Stat. 163, 182 (1952) (repealed 1990).
55 The major mental health associations See American Medical Association, House of Delegates Resolution 506: Policy Statement on Sexual Orientation Reparative (Conversion) Therapy (April 26, 2000), http://www.ama-assn.org/meetings/public/annual00/reports/refcome/506.rtf; Board of Trustees of the American Psychiatric Association, COPP Position Statement on Therapies Focused on Attempts to Change Sexual Orientation (Reparative or Conversion Therapies) (May 2000), http://www.psych.org/psych_pract/copptherapyaddendum83100.cfm; American Psychological Association Council of Representatives, Resolution on Appropriate Therapeutic Responses to Sexual Orientation (August 14, 1997), http://www.apa.org/pi/sexual.html; National Committee on Lesbian, Gay & Bisexual Issues, National Association of Social Workers, Position Statement: “Reparative” and “Conversion” Therapies for Lesbians and Gay Men (January 21, 2000), http://www.socialworkers.org/diversity/lgb/reparative.asp. Stephen C. Halpert lists organizations opposing conversion therapy in “If It Ain’t Broke, Don’t Fix It,” International Journal of Sexuality & Gender Studies 5 (January 2000): 22 n. 2.
56 Conversion therapists bemoan For the claim that Americans have been brainwashed into accepting homosexuality, see Charles W. Socarides, “How America Went Gay,” available at http://www.leaderu.com/jhs/socarides.html.
57 Responsibility for converting Douglas C. Haldeman, “The Practice and Ethics of Sexual Orientation Conversion Therapy,” Journal of Consulting & Clinical Psychology 62 (April 1994): 224. David B. Cruz lists other religiously focused conversion groups in “Controlling Desires: Sexual Orientation Conversion and the Limits of Knowledge and Law,” Southern California Law Review 72 (July 1999): 1309.
58 These two groups See Haldeman, ibid., p. 224; Murphy, Gay Science, p. 85.
59 At least eight states Alabama requires sex education course materials to emphasize “in a factual manner and from a public health perspective, that homosexuality is not a lifestyle acceptable to the general public and that homosexual conduct is a criminal offense under the laws of the state.” Ala. Code § 16-40a-2(c)(8) (LexisNexis 2001). Arizona prohibits any course of study that (1) “[p]romotes a homosexual life-style,” (2) “[p]ortrays homosexuality as a positive alternative life-style,” or (3) “[s]uggests that some methods of sex are safe methods of homosexual sex.” Ariz. Rev. Stat. Ann. § 15-716(C)(1) to (3) (2002). In Mississippi, state law requires educators (1) to teach “the current state law related to sexual conduct, including forcible rape, statutory rape, paternity establishment, child support and homosexual activity” and (2) to teach that “a monogamous relationship in the context of marriage is the only appropriate setting for sexual intercourse.” Miss. Code Ann. § 37-13-171(1)(e), (f) (West 1999). Sodomy is a crime in Mississippi under Miss. Code Ann. § 97-29-59 (West 1999), though such statutes are now unenforceable after Lawrence v. Texas, 539 U.S. 558 (2003). North Carolina requires (1) that education about AIDS include statements that a monogamous, heterosexual marriage is “the best lifelong means of avoiding diseases transmitted by sexual contact” and (2) that any instruction about diseases, such as AIDS, where “homosexual acts are a significant means of transmission … include the current legal status of those acts.” N.C. Gen. Stat. Ann. § 115C-81(e1)(3) (West 2000). Sodomy is a felony under North