COMMITTEE
SUBSTITUTE FOR ORDINANCE NO. 190902
Amending Chapter 50 of the Code
of Ordinances, “Offenses and Miscellaneous Provisions,” by enacting a new
Section 50-234 in Article VII to protect the physical and psychological
well-being of minors, including but not limited to lesbian, gay, bisexual, transgender
and/or questioning youth, from exposure to the serious harms and risks caused
by conversion therapy or reparative therapy by licensed providers.
WHEREAS, conversion
therapy, also known as reparative therapy, ex-gay therapy, or sexual orientation
and gender identity change efforts, is a range of discredited practices aimed
at changing one’s sexual orientation or gender identity; and
WHEREAS, a national
community of professionals in education, social work, health, mental health and
counseling including the American Academy of Child and Adolescent Psychiatry
have determined that there is no scientifically valid evidence that supports
the practice of conversion therapy; and
WHEREAS, such
professionals have determined that there is no evidence that conversion therapy
is effective or that an individual’s sexual orientation or gender identity can
be changed by conversion therapy; and
WHEREAS, such
professionals have also determined that conversion therapy is not only
ineffective, but is substantially dangerous to an individual’s mental and
physical well-being and has also been shown to contribute to depression,
self-harm, low self-esteem, family rejection, and suicide; and
WHEREAS, in
contrast, the Children’s Mercy Hospital in Kansas City, Missouri, provides
evidenced-based therapy or treatment to over 300 children annually within its
Gender Pathway Services Clinic, providing physical, mental, and social health
services to children and their families as they navigate the process of gender
identity development, illustrating the need for responsible, scientifically
defensible therapy and treatment services; and
WHEREAS, all minors
in Kansas City, including the approximately 5,000 LGBTQ individuals under the
age of 18 that reside in the city limits, that seek therapy or treatment to
assist them in understanding their individual development of gender identity or
their sexual orientation should be free from exposure to the serious harms and
risks caused by conversion therapy or reparative therapy; and
WHEREAS, fifteen
states, including Washington, DC, have enacted laws or regulations to ban
conversion therapy against minors by licensed medical providers, and many bills
have been filed in similar states, including Missouri’s Youth Mental Health Preservation
Act; and
WHEREAS, the City
Council of the City of Kansas City, Missouri, has a responsibility to protect
the health, safety, and welfare of all people in our community, especially the
physical and psychological well-being of minors, including LGBTQ youth; NOW,
THEREFORE,
BE IT ORDAINED BY THE
COUNCIL OF KANSAS CITY:
Section 1. That
Chapter 50, Code of Ordinances of Kansas City, Missouri, “Offenses and
Miscellaneous Provisions,” is hereby amended by enacting a new Section 50-234
in Article VII to protect the physical and psychological well-being of minors,
including but not limited to lesbian, gay, bisexual, transgender and/or
questioning youth, from exposure to the serious harms and risks caused by
conversion therapy or reparative therapy by licensed providers, to read as
follows:
Sec. 50-234. Conversion
therapy of minors prohibited.
(a) Policy. The City of Kansas City,
Missouri, has a compelling interest in protecting the physical and
psychological well-being of minors, including but not limited to lesbian, gay,
bisexual, transgender and/or questioning youth, from exposure to the serious
harms and risks caused by conversion therapy or reparative therapy by licensed
providers. These provisions are exercises of the police power of the city for
the public safety, health, and welfare; and its provisions shall be liberally
construed to accomplish that purpose.
(b) Definitions. As used in this section, the
following terms shall have the meaning indicated in this subsection:
(1)
Conversion
therapy or reparative therapy means
any practice or treatment that seeks to change an individual’s sexual
orientation or gender identity, including efforts to change behaviors or gender
expressions or to eliminate or reduce sexual or romantic attractions or
feelings toward individuals of the same gender. Conversion therapy shall not
include counseling that provides support and assistance to a person undergoing
gender transition, or counseling that provides acceptance, support and
understanding of a person or facilitates a person’s coping, social support, and
development, including sexual orientation-neutral treatment interventions to
prevent or address unlawful conduct or unsafe sexual practices, as long as such
counseling does not seek to change sexual orientation or gender identity.
(2)
Gender
identity means
the gender-related identity, appearance, expression, behavior or mannerisms or
other gender-related characteristics of an individual, with or without regard
to the individual’s designated sex at birth.
(3)
Minor means a person less than 18 years
old.
(4)
Provider means any licensed medical or
mental health professional including, but not limited to, licensed professional
counselors, licensed psychologists, licensed clinical social workers,
provisional licensed professional counselors, provisional and temporary licensed
psychologists, licensed and provisional licensed marital and family therapists,
psychiatrists, certified substance abuse counselors, certified school
counselors, behavior analysts and any professional licensed under Chapters 334
and 337 of the Revised Statutes of Missouri.
(5)
Sexual
orientation means
the preference or practice of homosexuality, heterosexuality, asexuality, and
bisexuality, or some combination thereof, by consenting adults, or as perceived
by others, but not including sexual preference or practice between an adult and
a minor.
(c) Prohibited practice. It shall be unlawful for any
provider to provide conversion therapy or reparative therapy to a minor if the
provider receives compensation in exchange for such services.
(d) Penalty. Any person that violates any
provision of this section shall be subject to the civil penalty prescribed in
section 1-17 but in no instance shall a violation of this article be punishable
by imprisonment.
Section 2. That
it is the City Council’s intent that this ordinance regulate professional
conduct and the manner in which therapeutic treatment is delivered, but does
not otherwise prohibit or limit proponents or opponents of conversion therapy
to speak about gender or sexual orientation conversion publicly and privately,
including to their minors in forms other than therapy.
_____________________________________________
Approved
as to form and legality:
___________________________________
Matthew
Gigliotti
Assistant City Attorney