People who provide gay-to-straight conversion therapy are committing fraud if they describe homosexuality as a mental disorder that can be cured, a state judge said Tuesday in a ruling a civil rights group predicted would deal a serious blow to the treatment's future across the nation.
The decision by Superior Court Judge Peter F. Bariso Jr., sitting in Hudson County, gives an edge to the four men and two parents
suing Jews Offering New Alternatives for Healing or JONAH, accusing the Jersey City organization that promotes the treatment of violating New Jersey Consumer Fraud Act.
The decision is bound to have a far-reaching impact, said David Dinielli, deputy legal director for the Southern Poverty Law Center which brought the lawsuit.
"This ruling is monumental and devastating to the conversion therapy industry," Dinelli said. "For the first time, a court has ruled that it is fraudulent as a matter of law for conversion therapists to tell clients that they have a mental disorder that can be cured. This is the principal lie the conversion therapy industry uses throughout the country to peddle its quackery to vulnerable clients."
In his Tuesday ruling Bariso said: "It is a misrepresentation in violation of the Consumer Fraud Act, in advertising or selling conversion therapy services to describe homosexuality, not as being a normal variation of human sexuality, but as being a mental illness, disease (or) disorder." Barsio wrote on Tuesday.
The ruling also said conversion therapists could not advertise their "success rate" of turning people into heterosexuals because "there is no factual basis for calculating these statistics."
Moreover:
5 Things You Should Know About Gay Conversion Therapy
Homosexuality is not considered a mental disorder, so the American Psychological Association (APA) does not recommend "curing" same-sex attraction in any case. Instead, societal ignorance, prejudice and pressure to conform to heterosexual desires are the real dangers to
gay people's mental health, according to a 1997 statement on "conversion" or "reparative" therapy by the APA.